2010 Utah Code
Title 24 - Forfeiture Procedures
Chapter 01 - Utah Uniform Forfeiture Procedures Act
24-1-14 - Proportionality.

24-1-14. Proportionality.
(1) (a) An owner's interest in property, excluding contraband, is not subject to forfeiture under any provision of state law if the forfeiture is substantially disproportional to the use of the property in committing or facilitating a violation of state law and the value of the property.
(b) Forfeiture of property used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of a violation of law is not proportional.
(2) (a) In determining proportionality, the court shall consider:
(i) the conduct giving cause for the forfeiture;
(ii) what portion of the forfeiture, if any, is remedial in nature;
(iii) the gravity of the conduct for which the claimant is responsible in light of the offense; and
(iv) the value of the property.
(b) If the court finds that the forfeiture is substantially disproportional to the conduct for which the claimant is responsible, it shall reduce or eliminate the forfeiture, as it finds appropriate.
(3) The prosecuting attorney has the burden to demonstrate that any forfeiture is proportional to an alleged violation of state law. It is the province of the court, not the jury, to decide questions of proportionality.

Amended by Chapter 296, 2004 General Session