Idaho § 37-2801 - Property subject to criminal forfeiture
Full text of Idaho Idaho Statutes § 37-2801 — Property subject to criminal forfeiture, with citation guidance and answers to common questions.
§ 37-2801. Property subject to criminal forfeiture
Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37 , Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(1) Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(2) Any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37 , Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed or interpreted in any manner to prevent the state of Idaho, attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 37-2732 (k), Idaho Code; or, if appropriate, from pursuing civil forfeiture pursuant to section 37-2744 and/or section 37-2744A , Idaho Code. Nor shall an order of forfeiture pursuant to this chapter be used as an offset against, or in any manner be used to diminish the amount of, a restitution order under section 37-2732 (k), Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
[37-2801, added 1996, ch. 230, sec. 1, p. 750.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 37-2801
What does Idaho Statutes § 37-2801 cover?
Section 37-2801 ("Property subject to criminal forfeiture") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 37-2801?
A common citation format is "Idaho Statutes § 37-2801" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 37-2801 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.