179.1219 - Property subject to forfeiture; substitution for unreachable property.
179.1219 Property subject to forfeiture; substitution for unreachable property.
1. Except as otherwise provided in NRS 179.1221, if an indictment or information filed in a criminal proceeding alleges that property was derived from, realized through, or used or intended for use in the course of a technological crime which is punishable as a felony and the extent of that property:
(a) The jury; or
(b) If the trial is without a jury, the court,
Ê shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture pursuant to this section.
2. If, at a hearing to determine the extent of the property to be forfeited pursuant to subsection 1, the jury or, if the hearing is without a jury, the court determines by a preponderance of the evidence that the property:
(a) Was used or intended to be used in, or was used or intended to be used to facilitate, a technological crime; or
(b) Was acquired during a technological crime or within a reasonable time after the technological crime and there was no likely source of such property other than the technological crime,
Ê the court shall order the forfeiture of the property.
3. The following property is subject to criminal forfeiture pursuant to subsection 1:
(a) Any proceeds attributable to a technological crime;
(b) Any property acquired directly or indirectly from a technological crime; and
(c) Any property used or intended to be used in, or used or intended to be used to facilitate, a technological crime.
4. If property which is ordered to be criminally forfeited pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of the defendant;
(e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent persons,
Ê the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.
(Added to NRS by 2007, 201)