Section 236.7 Of Chapter 8. False Imprisonment And Human Trafficking From California Penal Code >> Title 8. >> Part 1. >> Chapter 8.
236.7
. (a) Any interest in a vehicle, boat, airplane, money,
negotiable instruments, securities, real property, or other thing of
value that was put to substantial use for the purpose of facilitating
the crime of human trafficking that involves a commercial sex act,
as defined in paragraph (2) of subdivision (g) of Section 236.1,
where the victim was less than 18 years of age at the time of the
commission of the crime, may be seized and ordered forfeited by the
court upon the conviction of a person guilty of human trafficking
that involves a commercial sex act where the victim is an individual
under 18 years of age, pursuant to Section 236.1.
(b) In any case in which a defendant is convicted of human
trafficking pursuant to Section 236.1 and an allegation is found to
be true that the victim was a person under 18 years of age and the
crime involved a commercial sex act, as defined in paragraph (2) of
subdivision (g) of Section 236.1, the following assets shall be
subject to forfeiture upon proof of the provisions of subdivision (d)
of Section 236.9:
(1) Any property interest, whether tangible or intangible,
acquired through human trafficking that involves a commercial sex act
where the victim was less than 18 years of age at the time of the
commission of the crime.
(2) All proceeds from human trafficking that involves a commercial
sex act where the victim was less than 18 years of age at the time
of the commission of the crime, which property shall include all
things of value that may have been received in exchange for the
proceeds immediately derived from the act.
(c) If a prosecuting agency petitions for forfeiture of an
interest under subdivision (a) or (b), the process prescribed in
Sections 236.8 to 236.12, inclusive, shall apply, but no local or
state prosecuting agency shall be required to petition for forfeiture
in any case.
(d) Real property that is used as a family residence or for other
lawful purposes, or that is owned by two or more persons, one of whom
had no knowledge of its unlawful use, shall not be subject to
forfeiture.
(e) An interest in a vehicle that may be lawfully driven with a
class C, class M1, or class M2 license, as prescribed in Section
12804.9 of the Vehicle Code, may not be forfeited under this section
if there is a community property interest in the vehicle by a person
other than the defendant and the vehicle is the sole vehicle of this
type available to the defendant's immediate family.
(f) Real property subject to forfeiture may not be seized, absent
exigent circumstances, without notice to the interested parties and a
hearing to determine that seizure is necessary to preserve the
property pending the outcome of the proceedings. At the hearing, the
prosecution shall bear the burden of establishing that probable cause
exists for the forfeiture of the property and that seizure is
necessary to preserve the property pending the outcome of the
forfeiture proceedings. The court may issue a seizure order pursuant
to this section if it finds that seizure is warranted or a pendente
lite order pursuant to Section 236.10 if it finds that the status quo
or value of the property can be preserved without seizure.
(g) For purposes of this section, no allegation or proof of a
pattern of criminal profiteering activity is required.