Utah § 11b-303 - Proportionality of forfeiture.

Full text of Utah Utah Code § 11b-303 — Proportionality of forfeiture., with citation guidance and answers to common questions.

§ 11b-303. Proportionality of forfeiture.

Effective 5/3/2023
77-11b-303.  Proportionality of forfeiture.
(1)
(a) A claimant's interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the value of the property.
(b) If property is used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of an offense, a forfeiture of the property is not proportional.
(2)
(a) In determining proportionality, the court shall consider:
(i) the offense subjecting the property to forfeiture under Subsection 77-11b-102(1);
(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 an offense for which the claimant is responsible, the court shall reduce or eliminate the forfeiture as the court finds appropriate.
(3) A prosecuting attorney has the burden of demonstrating that a forfeiture is proportional to the offense subjecting the property to forfeiture under Subsection 77-11b-102(1).
(4) In all cases, the court shall decide questions of proportionality.
(5) A forfeiture of any proceeds used to facilitate the commission of an offense that is a violation of federal or state law is proportional.


Renumbered and Amended by Chapter 448, 2023 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 11b-303

What does Utah Code § 11b-303 cover?

Section 11b-303 ("Proportionality of forfeiture.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 11b-303?

A common citation format is "Utah Code § 11b-303" (Utah). 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 Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 11b-303 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah 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 Utah.