All money, equipment, motor vehicles, and other personal and real property of any kind or character together with any interest or profits derived from the investment of such proceeds or other property that (i) was used in connection with the commission of, or in an attempt to commit, a violation of subsection B of § 18.2-47, § 18.2-48, 18.2-59, 18.2-346.01, 18.2-347, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, 40.1-29, 40.1-100.2, or 40.1-103; (ii) is traceable to the proceeds of some form of activity that violates subsection B of § 18.2-47, § 18.2-48, 18.2-59, 18.2-346.01, 18.2-347, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 40.1-29, 40.1-100.2, or 40.1-103; or (iii) was used to or intended to be used to promote some form of activity that violates subsection B of § 18.2-47, § 18.2-48, 18.2-59, 18.2-346.01, 18.2-347, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 40.1-29, 40.1-100.2, or 40.1-103 is subject to lawful seizure by a law-enforcement officer and subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.).
Real property shall not be subject to seizure unless the minimum prescribed punishment for the violation is a term of imprisonment of not less than five years.
All seizures and forfeitures under this section shall be governed by Chapter 22.1 (§ 19.2-386.1 et seq.), and the procedures specified therein shall apply, mutatis mutandis, to all forfeitures under this section.
2014, c. 658; 2015, cc. 690, 691; 2019, c. 458; 2020, c. 1000; 2021, Sp. Sess. I, c. 188.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 22.2 - Miscellaneous Forfeiture Provisions
§ 19.2-386.15. Seizure of property used in connection with or derived from terrorism
§ 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes
§ 19.2-386.17. Forfeitures for computer crimes
§ 19.2-386.18. Forfeiture of unlawful electronic communication devices
§ 19.2-386.19. Seizure of property used in connection with money laundering
§ 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale
§ 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes
§ 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions
§ 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia
§ 19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial
§ 19.2-386.26. Seizure and forfeiture of drug paraphernalia
§ 19.2-386.27. Forfeiture of firearms carried in violation of Article 6.1 (§ 18.2-307.1 et seq.)
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense
§ 19.2-386.32. Seizure and forfeiture of property used in connection with the abduction of children
§ 19.2-386.33. Forfeiture of money, etc., derived from violation of §§ 2.2-3103 through 2.2-3112
§ 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 18.2-266
§ 19.2-386.35. Seizure of property used in connection with certain offenses