Conn. Gen. Stat. § 54-36q: (Note: This section is effective July 1, 2026.) Virtual currency and virtual currency wallets subject to forfeiture to state. In rem proceeding.
Where this section sits in the code
- TITLE 54. CRIMINAL PROCEDURE
- CHAPTER 959. COURT JURISDICTION AND POWER
- PART III. SEIZED PROPERTY
(a) As used in this section, (1) “property” includes, but is not limited to, virtual currency and virtual currency wallets; (2) “virtual currency” has the same meaning as provided in section 36a-596; (3) “virtual currency kiosk” has the same meaning as provided in section 36a-596; and (4) “virtual currency wallet” has the same meaning as provided in section 36a-596.
(b) The following property shall be subject to forfeiture to the state pursuant to subsection (c) of this section:
(1) All virtual currency possessed, controlled, designed or used as a means of committing a violation of section 53a-122, 53a-123, 53a-124, 53a-125, 53a-125a or 53a-125b, or that constitutes the proceeds of the commission of a violation of section 53a-122, 53a-123, 53a-124, 53a-125, 53a-125a or 53a-125b; and
(2) All virtual currency wallets, including the contents thereof, even if such contents are commingled with other property, that are possessed, controlled, designed or used as a means of committing a violation of section 53a-122, 53a-123, 53a-124, 53a-125, 53a-125a or 53a-125b, or that constitute the proceeds of the commission of a violation of section 53a-122, 53a-123, 53a-124, 53a-125, 53a-125a or 53a-125b.
(c) Not later than ninety days after the seizure of virtual currency or a virtual currency wallet subject to forfeiture pursuant to subsection (b) of this section, in connection with a lawful criminal arrest or a lawful search, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of such virtual currency or virtual currency wallet. Such forfeiture proceeding shall be deemed a civil suit in equity, in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such virtual currency or virtual currency wallet and any other person who appears to have an interest therein, and order the state to give notice to such owner and any interested person by certified or registered mail or, if the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney demonstrates that notice by other means, including, but not limited to, electronic means, would be sufficient and appropriate under the circumstances, by such other means. The court shall promptly, but not less than two weeks after such notice has been given, hold a hearing on the petition. No testimony offered or evidence produced by such owner or interested person at such hearing, and no evidence discovered as a result of or otherwise derived from such testimony or evidence, may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing, the court shall hear evidence, make findings of fact, enter conclusions of law and issue a final order from which the parties shall have such right of appeal as from a decree in equity.
(d) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such property was being used or was intended to be used in, or was derived from, criminal activity.
(e) Notwithstanding the provisions of subsection (b) of this section, no property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with such owner's defense in a criminal prosecution shall be subject to forfeiture under this section.
(f) Any property forfeited under this section shall be used to compensate the victims who suffer a pecuniary loss as a result of the violation of section 53a-122, 53a-123, 53a-124, 53a-125, 53a-125a or 53a-125b that gives rise to the forfeiture of such property.
(g) Nothing in this section shall be construed as authorizing the seizure or forfeiture of a virtual currency kiosk.
Collected 2026-09-06T19:07:28Z. Source file · JSON