18-5612. PROPERTY SUBJECT TO CRIMINAL FORFEITURE. (1) Any person who is found guilty of, who enters a plea of guilty or who is convicted of a violation of section 18-5602 or 18-5609, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and
(b) Any of the person’s property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.
(2) The court, in imposing sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
History:
[18-5612, added 2013, ch. 240, sec. 2, p. 567.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Section 18-5601 - INTERSTATE TRAFFICKING IN PROSTITUTION.
Section 18-5602 - PROCUREMENT — DEFINITION AND PENALTY.
Section 18-5603 - RECEIVING PAY FOR PROCUREMENT.
Section 18-5604 - PAYING FOR PROCUREMENT.
Section 18-5605 - DETENTION FOR PROSTITUTION.
Section 18-5606 - ACCEPTING EARNINGS OF PROSTITUTE.
Section 18-5608 - HARBORING PROSTITUTES.
Section 18-5609 - INDUCING PERSON UNDER EIGHTEEN YEARS OF AGE INTO PROSTITUTION — PENALTIES.
Section 18-5610 - UTILIZING A PERSON UNDER EIGHTEEN YEARS OF AGE FOR PROSTITUTION — PENALTIES.
Section 18-5611 - INDUCING PERSON UNDER EIGHTEEN YEARS OF AGE TO PATRONIZE A PROSTITUTE — PENALTIES.
Section 18-5612 - PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Section 18-5613 - PROSTITUTION.
Section 18-5614 - PATRONIZING A PROSTITUTE.
Section 18-5618 - PROPERTY SUBJECT TO FORFEITURE.
Section 18-5620 - FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Section 18-5621 - PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Section 18-5622 - INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Section 18-5623 - PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 18-5624 - REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 18-5625 - PROPORTIONALITY.
Section 18-5626 - AUTHORITY OF THE ATTORNEY GENERAL.
Section 18-5627 - BAR ON INTERVENTION.
Section 18-5628 - JURISDICTION — DEPOSITIONS.
Section 18-5629 - DISPOSITION OF PROPERTY.