<?xml version='1.0' encoding='utf-8'?>
<section article="gcp" article_name="Criminal Procedure" number="12-312" title_number="12" title_name="Forfeiture -- Controlled Dangerous Substances Violations" subtitle_number="3" subtitle_name="Forfeiture Proceedings">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:</text>
    <level label="1">
      <text>the person has violated §§ 5–602 through 5–609, §§ 5–612 through 5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law Article or has attempted or conspired to violate Title 5 of the Criminal Law Article;</text>
    </level>
    <level label="2">
      <text>the property was acquired by the person during the violation or within a reasonable time after the violation; and</text>
    </level>
    <level label="3">
      <text>there was no other likely source for the property.</text>
    </level>
  </level>
  <level label="b">
    <text>Real property used as the principal family residence may not be forfeited under this section unless:</text>
    <level label="1">
      <text>an owner of the real property was convicted of a crime described under subsection (a) of this section; or</text>
    </level>
    <level label="2">
      <text>the real property is covered by § 12–103(d)(2) of this title.</text>
    </level>
  </level>
</section>
