Idaho § 37-2801 PROPERTY SUBJECT TO CRIMINAL FORFEITURE

Idaho Statutes

§ 37-2801 — PROPERTY SUBJECT TO CRIMINAL FORFEITURE

Idaho § 37-2801

Title 37FOOD, DRUGS, AND OIL

Ch. 28CRIMINAL FORFEITURES

This text of Idaho § 37-2801 (PROPERTY SUBJECT TO CRIMINAL FORFEITURE) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 37-2801 (2026).

Text

Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

(1)Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(2)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. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that the person forfeit to

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Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(1) Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(2) 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.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed or interpreted in any manner to prevent the state of Idaho, attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 37-2732 (k), Idaho Code; or, if appropriate, from pursuing civil forfeiture pursuant to section 37-2744 and/or section 37-2744A, Idaho Code. Nor shall an order of forfeiture pursuant to this chapter be used as an offset against, or in any manner be used to diminish the amount of, a restitution order under section 37-2732 (k), 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.