[§663E-9] Standard of proof; effect of criminal drug convictions. (a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b) A person against whom recovery is sought who has a final criminal conviction pursuant to section 712-1241, 712-1242, 712-1244, 712-1245, or 712-1240.5, 712-1240.6, or 712-1249.7 or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236 (21 U.S.C. §801 et seq.), arising out of an act or acts within the meaning of the term "participate in the illegal drug market" is estopped from denying participation in the illegal drug market. Such a conviction creates a rebuttable presumption that the person participated in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person under this chapter. [L 2004, c 44, pt of §13]
Note
Section 712-1240.6 referred to in text is repealed.
Cross References
Methamphetamine trafficking, see §§712-1240.7 to 712-1240.9.
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