New Hampshire § 617:1-a Criminal Forfeiture;  Property Subject to Forfeiture

New Hampshire Statutes

§ 617:1-a — Criminal Forfeiture; Property Subject to Forfeiture

New Hampshire § 617:1-a

Title LXCORRECTION AND PUNISHMENT

Ch. 617FORFEITURES OF PERSONAL PROPERTY

This text of New Hampshire § 617:1-a (Criminal Forfeiture; Property Subject to Forfeiture) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 617:1-a (2026).

Text

I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:

(a)Property the person derived from the commission of the crime;

(b)Property directly traceable to property derived from the commission of the crime; and

(c)Instrumentalities the person used in the commission of the crime. II. When a conviction or agreement of the parties is not possible due to the person's death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced. III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person's death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.