Louisiana Revised Statutes 15:539.1 – Forfeited property related to certain sex crimes; exempt property; allocation of forfeited property
Terms Used In Louisiana Revised Statutes 15:539.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Conviction: A judgement of guilt against a criminal defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
A. Upon conviction of a human trafficking-related offense as defined in La. Rev. Stat. 46:1844(W), any felony sex offense as defined in La. Rev. Stat. 46:1844(W), La. Rev. Stat. 14:40.3 (cyberstalking), La. Rev. Stat. 14:81.1.1 (sexting; prohibited acts; penalties), La. Rev. Stat. 14:283.2 (nonconsensual disclosure of a private image), La. Rev. Stat. 14:78 (incest) as that offense existed prior to its repeal by Act Nos. 177 and 602 of the 2014 Regular Session of the Legislature, La. Rev. Stat. 14:78.1 (aggravated incest) as that offense existed prior to its repeal by Act Nos. 177 and 602 of the 2014 Regular Session of the Legislature, La. Rev. Stat. 14:89 (crime against nature), or La. Rev. Stat. 14:89.1 (aggravated crime against nature), the court shall order that the personal property used in the commission of the offense be seized or impounded and sold at public sale or auction by the district attorney or otherwise distributed or disposed of in accordance with the provisions of this Section. The personal property made subject to seizure and disposition pursuant to this Section may include any electronic communication devices, computers, computer-related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of any victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media, currency, instruments, or securities. Forfeiture of personal property under the provisions of this Section shall not preclude the application of any other remedy, civil or criminal, under any other provision of law. All materials seized as evidence in an offense enumerated in this Section shall constitute contraband. The court, upon motion of the prosecuting attorney, after contradictory hearing, shall order the destruction of the contraband when it is determined that it is no longer needed as evidence. The contraband shall be presumed necessary as evidence if an appeal of the conviction is pending, if the convicted person is pursuing post-conviction remedies, or the time for pursuing an appeal or post-conviction remedies has not expired.
B. When personal property is forfeited under the provisions of this Section, the district attorney shall authorize a public sale or a public auction conducted by a licensed auctioneer, without appraisal, of that which is not required by law to be destroyed and which is not harmful to the public. Any currency, instruments, or securities forfeited shall be distributed or disposed of as provided in this Section.
C.(1) The personal property shall be exempt from sale and the currency, instruments, or securities shall be exempt from distribution or disposition if it was stolen or if the possessor of the property was not the owner and the owner did not know that the personal property was being used in the commission of the crime. If this exemption is applicable, the personal property shall not be released until such time as all applicable fees related to its seizure and storage are paid. An internet service provider shall not be required to pay seizure or storage fees to secure the release of equipment leased to an offender.
(2) Property subject to forfeiture pursuant to the provisions of this Section shall be exempt from forfeiture when a spouse, co-owner, or interest holder in the property establishes by sworn affidavit executed before a notary public the following:
(a) That he had no knowledge of the commission of the criminal conduct and could not have reasonably known of the conduct.
(b) That he did not consent to the use of property in the commission of the criminal conduct.
(c) That he owns an interest in the property otherwise subject to forfeiture.
(3) The property of an internet service provider shall be exempt from forfeiture.
(4) Intentionally falsifying information required by the provisions of Paragraph (2) of this Subsection shall subject the affiant to prosecution under the provisions of La. Rev. Stat. 14:125.
D. In addition, the personal property shall be exempt from sale and the currency, instruments, or securities shall be exempt from distribution or disposition if it is subject to a lien recorded prior to the date of the offense and if the applicable fees related to the property’s seizure and storage are paid by a valid lien holder.
E. The proceeds of the public sale or public auction shall pay the costs of the public sale or public auction, court costs, and fees related to the seizure and storage of the personal property and shall then be applied to any restitution granted to the victim. Any proceeds remaining shall be distributed by the district attorney in the following manner:
(1) Sixty percent to the seizing agency or agencies in an equitable manner.
(2) Twenty percent to the prosecuting agency.
(3) Twenty percent to the criminal court fund of the parish in which the offender was prosecuted.
F. Notwithstanding Subsection E of this Section, when the currency, instruments, securities, or other property is forfeited following a conviction for a violation of La. Rev. Stat. 14:46.2 (human trafficking), La. Rev. Stat. 14:46.3 (trafficking of children for sexual purposes), La. Rev. Stat. 14:81.1 (pornography involving juveniles), La. Rev. Stat. 14:81.3 (computer-aided solicitation of a minor), La. Rev. Stat. 14:82.1 (prostitution; persons under eighteen; additional offenses), La. Rev. Stat. 14:83 (soliciting for prostitutes), La. Rev. Stat. 14:83.1 (inciting prostitution), La. Rev. Stat. 14:83.2 (promoting prostitution), La. Rev. Stat. 14:84 (pandering), La. Rev. Stat. 14:85 (letting premises for prostitution), La. Rev. Stat. 14:86 (enticing persons into prostitution), La. Rev. Stat. 14:104 (keeping a disorderly place), La. Rev. Stat. 14:105 (letting a disorderly place), and La. Rev. Stat. 14:282 (operation of places of prostitution), the currency, instruments, and securities and proceeds of the public sale or public auction shall pay the costs of the public sale or public auction, court costs, and fees related to the seizure and storage of the personal property and shall then be applied to any restitution granted to the victim. Any remaining currency, instruments, securities, or proceeds shall be distributed in the following manner:
(1) Twenty-five percent to the seizing agency or agencies allocated among the seizing agencies in proportion to their participation in the management of the investigation, seizure, and forfeiture.
(2) Twenty-five percent to the prosecuting agency.
(3) Fifty percent to the Exploited Children’s Special Fund pursuant to La. Rev. Stat. 15:539.2.
Acts 2010, No. 763, §2; Acts 2011, No. 67, §3; Acts 2013, No. 429, §1, eff. June 24, 2013; Acts 2014, No. 564, §2; Acts 2017, No. 180, §2, eff. June 12, 2017; Acts 2020, No. 352, §1.