Article 6.16 Asset Forfeiture

(a) (1) The court may order that assets be forfeited following conviction of a crime. The purposes of asset forfeitures are to incapacitate offenders from criminal conduct that requires the forfeited assets for its commission and to deter offenses by reducing their rewards and increasing their costs.

(b) (2) Assets subject to forfeiture include proceeds and property derived from the commission of the offense, proceeds and property traceable to proceeds and property derived from the commission of the offense, and assets used by the convicted person or their accomplices or co-conspirators in the commission of the offense.

(c) (3) Assets subject to forfeiture under this Article may not be forfeited if:

(A) third parties are partial or joint owners and the assets are not reasonably separable, unless the third parties have been convicted of offenses for which forfeiture of the assets is an authorised sanction; or

(B) the asset is incidental to the offense, the owner relies upon the asset for lawful conduct, and forfeiture would increase the likelihood of recidivism, such as the asset being the owner’s sole dwelling or mode of transport.

(d) (4) The court shall order disposal of the forfeited assets by public auction unless there is no lawful opportunity for ownership of the property under this Code, in which event the court shall order the property destroyed, or the court concludes that the cost of a public auction would probably exceed the highest bid, in which case the court may order the property destroyed or may otherwise order such disposition as it deems appropriate.