(a) Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge.
(b) (1) A motor vehicle for hire in the transaction of business as a common carrier or a motor vehicle for hire may not be seized or forfeited under this subtitle unless it appears that the owner or other person in charge of the motor vehicle was a consenting party or privy to a violation of the human trafficking law.
(2) A motor vehicle may not be forfeited under this subtitle for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the motor vehicle in criminal violation of federal law or the law of any state.
(c) Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.
(d) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1) the property was used in connection with a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or with an attempt or a conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article; and
(2) both the husband and wife are convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.
Structure Maryland Statutes
Subtitle 5 - Violations of the Human Trafficking Law
Section 13-502 - Subject to Forfeiture
Section 13-503 - Forfeiture for Violations Without Knowledge of Owner Not Permitted
Section 13-504 - Seizure of Personal Property
Section 13-505 - Seizure of Money
Section 13-506 - Effect of Seizure
Section 13-507 - Seizure and Forfeiture of Motor Vehicle
Section 13-508 - Recommendation of Forfeiture
Section 13-509 - Seizure and Forfeiture of Motor Vehicle -- Surrender of Vehicle to Owner
Section 13-510 - Procedure to Obtain Possession of Property
Section 13-511 - Seizure of Real Property
Section 13-512 - Seized Real Property -- Rights of Tenants; Receiver of Income
Section 13-513 - Prohibited Acts Prior to Judgment in Favor of Owner
Section 13-514 - Prompt Filing of Forfeiture Proceedings
Section 13-516 - Procedure -- Forfeiture of Money
Section 13-517 - Time for Filing
Section 13-518 - Procedure -- Complaint
Section 13-521 - Hearing or Order on Failure to File Answer
Section 13-522 - Forfeiture of Real Property
Section 13-523 - Proceedings for Forfeiture of Real Property
Section 13-524 - Stay of Proceedings During Pendency of Appeal
Section 13-525 - Presumption That Property Subject to Forfeiture
Section 13-526 - Forfeiture of Other Property for Act or Omission of Owner or Return of Property
Section 13-527 - Powers of Court
Section 13-529 - Rights of Governing Body Where Property Seized
Section 13-530 - Proceeds From Sale or Retention of Property
Section 13-531 - Sale for Cash; Transfer of Title
Section 13-532 - Duties of Lienholders Prior to Sale of Property
Section 13-533 - Law Governing Sale of Collateral
Section 13-534 - Proceeds From Sale
Section 13-535 - Duties of Lienholder on Redemption of Property