§ 7-15-3 — § 7-15-3. Penalties for violations — Disposition of seized property.

§ 7-15-3. Penalties for violations — Disposition of seized property.

(a) Whoever violates this chapter shall be fined not more than ten thousand dollars ($10,000), or imprisoned not more than ten (10) years, or both, and forfeits to the state:

(1) Any property acquired or maintained in violation of this chapter;

(2) Any property constituting, or derived from, any proceeds that were obtained directly or indirectly from the commission of an offense in violation of this chapter;

(3) Any: (i) Interest in; (ii) Security of; (iii) Claim against; or (iv) Property or contractual right of any kind affording a source of influence over; any enterprise that the person has established, participated in, operated, controlled, or conducted in violation of this chapter; provided that the value of the property forfeited shall not exceed the sum of the money invested in violation of § 7-15-2(a) plus the appreciated value of the money.

(b) Upon conviction of a person under this chapter, the superior court shall authorize the attorney general to seize all property or other interest declared forfeited under this chapter on any terms and conditions as the court deems proper. The state shall dispose of all property or other interest seized under this chapter as soon as feasible making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the state it expires and does not revert to the convicted person.

Legislative History

P.L. 1979, ch. 204, § 1; P.L. 1985, ch. 353, § 1.