Utah § 11b-102 - Property subject to forfeiture.

Full text of Utah Utah Code § 11b-102 — Property subject to forfeiture., with citation guidance and answers to common questions.

§ 11b-102. Property subject to forfeiture.

Effective 5/6/2026
77-11b-102.  Property subject to forfeiture.
(1)
(a)Except as provided in Subsection (2), (3), (4), or (5), an agency may seek to forfeit:
(i)seized property that was used to facilitate the commission of an offense that is a violation of federal or state law; or
(ii)seized proceeds.
(b)An agency, or the prosecuting attorney, may not forfeit the seized property of an innocent owner or an interest holder.
(2)If seized property is used to facilitate an offense that is a violation of Section 76-5c-202, 76-5c-203, 76-5c-204, 76-5c-205, 76-5c-206, or 76-5c-305, an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15.
(3)If a motor vehicle is used in an offense that is a violation of Section 41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1), Subsection 76-5-102.1(2)(b), or Section 76-5-207, an agency may not seek forfeiture of the motor vehicle, unless:
(a)the operator of the vehicle has previously been convicted of an offense committed after May 12, 2009, that is:
(i)a felony driving under the influence violation under Section 41-6a-502 or Subsection 76-5-102.1(2)(a);
(ii)a felony violation under Subsection 76-5-102.1(2)(b);
(iii)a violation under Section 76-5-207; or
(iv)operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g); or
(b)the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license and:
(i)the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii) was imposed because of a violation under:
(A)Section 41-6a-502;
(B)Section 41-6a-517;
(C)a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
(D)Section 41-6a-520.1;
(E)operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
(F)Section 76-5-102.1;
(G)Section 76-5-207; or
(H)a criminal prohibition as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsections (3)(b)(i)(A) through (G); or
(ii)the denial, suspension, revocation, or disqualification described in Subsection (3)(b)(i):
(A)is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and
(B)the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection (3)(b)(i).
(4)If a peace officer seizes property incident to an arrest solely for possession of a controlled substance under Section 76-18-207 but not Subsection 76-18-207(3)(a), an agency may not seek to forfeit the property that was seized in accordance with the arrest.
(5)If a peace officer seizes an individual's firearm as the result of an offense under Section 76-11-218, an agency may not seek to forfeit the individual's firearm if the individual may lawfully possess the firearm.


Amended by Chapter 362, 2026 General Session

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

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Frequently Asked Questions About Utah § 11b-102

What does Utah Code § 11b-102 cover?

Section 11b-102 ("Property subject to 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-102?

A common citation format is "Utah Code § 11b-102" (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-102 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.