NRS179.1229. Property subject to civil forfeiture; required proof; where action must be instituted.

      1.  Except as otherwise provided in subsection 2, all property used in the course of, intended for use in the course of, derived from or gained through a technological crime is subject to civil forfeiture to the State.

      2.  Upon a showing by the owner of the property of the requisite facts, the following is not subject to forfeiture under this section:

      (a) Except as otherwise provided in paragraph (b), property used without the knowledge or consent of its owner; and

      (b) A means of transportation used by a person in the transaction of business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the technological crime.

      3.  The State is not required to plead or prove that a person has been charged with or convicted of any technological crime. If proof of such conviction is made, and it is shown that the judgment of conviction has become final, the proof against any person is conclusive evidence of all facts necessary to sustain the conviction.

      4.  Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects the prospective defendant to criminal or civil liability pursuant to the provisions of NRS 179.1211 to 179.1235, inclusive.

      (Added to NRS by 2007, 203)