(1) Except as provided in subsection (2) of this section, in all civil forfeiture actions the forfeiting agency must prove that the claimant of the property has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is:
(a) Proceeds of the crime for which the claimant has been convicted;
(b) Instrumental in committing or facilitating the crime for which the claimant has been convicted;
(c) Proceeds of one or more other crimes similar to the crime for which the claimant was convicted; or
(d) Instrumental in committing or facilitating one or more other crimes similar to the crime for which the claimant was convicted.
(2) A forfeiting agency may bring an action for civil forfeiture of property of a claimant who has not been convicted of a crime if the forfeiting agency proves all elements of subsection (1) of this section with respect to another person and:
(a) That the claimant took the property with the intent to defeat forfeiture of the property;
(b) That the claimant knew or should have known that the property was proceeds of prohibited conduct; or
(c) That the claimant acquiesced in the prohibited conduct.
(3) If the property to be forfeited in a civil forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (1) or (2) of this section by a preponderance of the evidence. If the property to be forfeited in a civil forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (1) or (2) of this section by clear and convincing evidence.
(4) For the purposes of subsection (2)(c) of this section, a person shall be considered to have acquiesced in prohibited conduct if the person knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct. [1989 c.791 §13; 2001 c.780 §§9,9a; 2005 c.830 §30]
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