2016 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 4 - Property Held for Forfeiture
Section 113 - Proportionality.

24-4-113. Proportionality.

• (1)
  • (a) A claimant's interest in property that is used to facilitate a crime, excluding contraband, is not subject to forfeiture under any provision of state law if the forfeiture is substantially disproportionate 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 the conduct giving rise to the forfeiture.

• (4) In all cases the court shall decide questions of proportionality.

• (5) Forfeiture of any proceeds is proportional.

Enacted by Chapter 394, 2013 General Session