Ohio Revised Code

Ohio Rev. Code § 2923.44 (2026)

Criminal forfeiture of property relating to gang participation

✓ current as of May 2026
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(A) If a person is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, or a juvenile is found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code, and derives profits or other proceeds from the offense or act, the court that imposes sentence or an order of disposition upon the offender or delinquent child, in lieu of any fine that the court is otherwise authorized or required to impose, may impose upon the offender or delinquent child a fine of not more than twice the gross profits or other proceeds so derived.

(B) Notwithstanding any contrary provision of the Revised Code, the clerk of the court shall pay all fines imposed pursuant to this section to the county, municipal corporation, township, park district created pursuant to section 511.18 or 1545.01 of the Revised Code, or state law enforcement agencies in this state that were primarily responsible for or involved in making the arrest of, and in prosecuting, the offender. However, the clerk shall not pay a fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy pursuant to division (C)(2) of section 2923.42 of the Revised Code that addresses the use of the fine moneys that it receives under this section and division (C)(1) of section 2923.42 of the Revised Code. The law enforcement agencies shall use the fines imposed and paid pursuant to this section to subsidize their efforts pertaining to criminal gangs, in accordance with the written internal control policy adopted by the recipient agency pursuant to division (C)(2) of section 2923.42 of the Revised Code.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2002–2025 · leading case: Cuyahoga Cty. Treasurer v. Berger Props. of Ohio L.L.C., 2021 Ohio 3204 (Ohio Ct. App. 2021).
Cuyahoga Cty. Treasurer v. Berger Props. of Ohio L.L.C., 2021 Ohio 3204 (Ohio Ct. App. 2021). · cites it 4× “Berger Properties makes two arguments in support of its assignment of error: (1) the trial court erred by refusing to honor its demand for payment of excess funds from a sheriff’s sale as mandated by R.C. 2923.44, and (2) that equity does not provide for the distribution of the…”
State v. Holloway, 2021 Ohio 1843 (Ohio Ct. App. 2021). “43], other than property forfeited under [R.C. 2923.44 to 2923.47 or 2925.41 to 2925.”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002). “Code 12.1-06.2-03; Okla.Stat.Ann.Title. 21, 856(D) through (F); S.”
PennyMac Loan Servs., L.L.C. v. Nespeca, 2025 Ohio 5622 (Ohio Ct. App. 2025). · cites it 2× “The debtor argued she was entitled to the excess proceeds under R.C. 2923.44. She opined PennyMac should collect the entire amount outstanding on its non-foreclosed first mortgage secured by the property from the new owner of the property (Italiano) or foreclose on Italiano’s…”
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