37-2814. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant:
(1) Cannot be located upon the exercise of due diligence;
(2) Has been transferred or sold to, or deposited with, a third party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value; or
(5) Has been commingled with other property which cannot be divided without difficulty;
the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 37-2801, Idaho Code.
History:
[37-2814, added 1996, ch. 230, sec. 1, p. 757.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 28 - CRIMINAL FORFEITURES
Section 37-2801 - PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Section 37-2802 - PROPERTY SUBJECT TO FORFEITURE.
Section 37-2804 - FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Section 37-2805 - PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Section 37-2806 - INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Section 37-2807 - PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 37-2808 - REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 37-2809 - PROPORTIONALITY.
Section 37-2810 - AUTHORITY OF THE ATTORNEY GENERAL.
Section 37-2811 - BAR ON INTERVENTION.
Section 37-2812 - JURISDICTION — DEPOSITIONS.
Section 37-2813 - DISPOSITION OF PROPERTY.