The court shall consider the following factors in determining whether any portion of the proposed judgment of forfeiture is excessive:
(1) The court shall enter judgment to the extent that the defendant property is derived directly or indirectly from past prohibited conduct.
(2) With respect to defendant property that is not derived directly or indirectly from past prohibited conduct, the court shall consider:
(a) Whether the defendant property constitutes the claimant’s lawful livelihood or means of earning a living.
(b) Whether the defendant property is the claimant’s residence.
(c) The degree of relationship between the defendant property and the prohibited conduct, including the extent to which the defendant property facilitated the prohibited conduct or could facilitate future prohibited conduct.
(d) The monetary value of the defendant property in relation to the risk of injury to the public from the prohibited conduct.
(e) The monetary value of the defendant property in relation to the actual injury to the public from the prohibited conduct.
(f) The monetary value of the defendant property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:
(A) The inherent gravity of the prohibited conduct;
(B) The potential sentence for similar prohibited conduct under Oregon law;
(C) The claimant’s prior criminal history; and
(D) The sentence actually imposed on the claimant.
(g) Any additional relevant evidence. [1993 c.699 §15; 2001 c.780 §§11,11a]Section: Previous 475A.075 475A.080 475A.085 475A.090 475A.091 475A.095 475A.096 475A.100 475A.105 475A.110 475A.111 475A.115 475A.120 475A.125 475A.126 Next
Last modified: August 7, 2008