The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this article is not contemplated to be a forfeiture as the same is used in article twelve, section five of the West Virginia Constitution and to the extent that such seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article is not part of net proceeds as the same is contemplated by such article twelve, section five of the West Virginia Constitution.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8C. Filming of Sexually Explicit Conduct of Minors
§61-8C-2. Use of Minors in Filming Sexually Explicit Conduct Prohibited; Penalty
§61-8C-3a. Prohibiting Child Erotica; Penalties
§61-8C-4. Payments of Treatment Costs for Minor
§61-8C-5. Limits on Interviews of Children Eleven Years Old or Less; Evidence
§61-8C-6. Legislative Findings
§61-8C-7. Items Subject to Forfeiture; Persons Authorized to Seize Property Subject to Forfeiture
§61-8C-8. Procedures for Seizure of Forfeitable Property
§61-8C-9. Procedures for Forfeiture
§61-8C-11. Disposition of Other Forfeited Property; Distribution of Proceeds