Ohio Rev. Code » Chapter 2981
Ohio Revised Code

Ohio Rev. Code § 2981.01 (2026)

Purposes of forfeiture

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
April 6, 2017
Latest Legislation:
House Bill 347, Senate Bill 293 - 131st General Assembly
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(A) Forfeitures under this chapter shall be governed by all of the following purposes:

(1) To provide economic disincentives and remedies to deter and offset the economic effect of offenses by seizing and forfeiting contraband, proceeds, and certain instrumentalities;

(2) To ensure that seizures and forfeitures of instrumentalities are proportionate to the offense committed;

(3) To protect third parties from wrongful forfeiture of their property;

(4) To prioritize restitution for victims of offenses.

(B) As used in this chapter:

(1) "Aircraft" has the same meaning as in section 4561.01 of the Revised Code.

(2) "Computers," "computer networks," "computer systems," "computer software," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.

(3) "Financial institution" means a bank, credit union, savings and loan association, or a licensee or registrant under Chapter 1321. of the Revised Code.

(4) "Firearm" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.

(5) "Innocent person" includes any bona fide purchaser of property that is subject to forfeiture, including any person who establishes a valid claim to or interest in the property in accordance with section 2981.04 of the Revised Code, and any victim of an alleged offense.

(6) "Instrumentality" means property otherwise lawful to possess that is used in or intended to be used in an offense. An "instrumentality" may include, but is not limited to, a firearm, a mobile instrumentality, a computer, a computer network, a computer system, computer software, a telecommunications device, money, and any other means of exchange.

(7) "Law enforcement agency" includes, but is not limited to, the state board of pharmacy, the enforcement division of the department of taxation, the Ohio casino control commission, and the office of the prosecutor.

(8) "Mobile instrumentality" means an instrumentality that is inherently mobile and used in the routine transport of persons. "Mobile instrumentality" includes, but is not limited to, any vehicle, any watercraft, and any aircraft.

(9) "Money" has the same meaning as in section 1301.201 of the Revised Code.

(10) "Offense" means any act or omission that could be charged as a criminal offense or a delinquent act, whether or not a formal criminal prosecution or delinquent child proceeding began at the time the forfeiture is initiated. Except as otherwise specified, an offense for which property may be forfeited includes any felony and any misdemeanor. The commission of an "offense" includes the commission of a delinquent act.

(11) "Proceeds" means both of the following:

(a) In cases involving unlawful goods, services, or activities, "proceeds" means any property derived directly or indirectly from an offense. "Proceeds" may include, but is not limited to, money or any other means of exchange. "Proceeds" is not limited to the net gain or profit realized from the offense. "Proceeds" does not include property, including money or other means of exchange, if all of the following apply to that property:

(i) It is held under clear title by a law enforcement agency.

(ii) It is used or may be used to purchase contraband for the purpose of investigating any drug abuse offense, as defined in section 2925.01 of the Revised Code.

(iii) If it is used to purchase contraband under division (B)(11)(a)(ii) of this section, the property continues to be considered the property of the law enforcement agency if the agency establishes a clear chain of custody of it.

(b) In cases involving lawful goods or services that are sold or provided in an unlawful manner, "proceeds" means the amount of money or other means of exchange acquired through the illegal transactions resulting in the forfeiture, less the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction does not include any part of the overhead expenses of, or income taxes paid by, the entity providing the goods or services. The alleged offender or delinquent child has the burden to prove that any costs are lawfully incurred.

(12) "Property" means "property" as defined in section 2901.01 of the Revised Code and any benefit, privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly, from the offense.

(13) "Property subject to forfeiture" includes contraband and proceeds and may include instrumentalities as provided in this chapter.

(14) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. When relevant, "prosecutor" also includes the attorney general.

(15) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code.

(16) "Watercraft" has the same meaning as in section 1546.01 of the Revised Code.

(C) The penalties and procedures under Chapters 2923., 2925., 2933., and 3772. of the Revised Code remain in effect to the extent that they do not conflict with this chapter.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Notes of Decisions
Cited in 77 cases (28 in the last 5 years), 2007–2026 · leading case: State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011).
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State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011). · cites it 7× “R.C. 2981.01 through 2981.14 now define and establish the mandatory procedures for the *532 forfeiture of property involved in, or relating to, certain offenses.”
State v. Clark, 880 N.E.2d 150 (Ohio Ct. App. 3d Dist. 2007). · cites it 5× “41 appears to have been the relevant section at the time the present case was before the trial court, this section has now been repealed and replaced by R.C. 2981.01 through 2981.14. See 2006 Sub.”
In re $75,000.00 U.S. Currency, 2017-Ohio-9158, 101 N.E.3d 1209. · cites it 3× “R.C. 2981.01(B) defines "proceeds" as "any property derived directly or indirectly from an offense," which "may include * * * money or any other means of exchange[.”
State v. Abston, 2022-Ohio-884. · cites it 3× “R.C. 2981.01(B)(11)(a). Money derived from a drug transaction can constitute “proceeds.”
State v. Gales, 2022-Ohio-776. · cites it 2× “R.C. 2981.01(B)(11)(a). When Mr. Gales committed his indicted offenses on September 26, 2017, the criminal forfeiture statute provided as follows: If a person * * * is convicted of * * * an offense * * * and the * * * indictment * * * contains a specification covering property…”
State v. North, 2012-Ohio-5200. · cites it 2× “03(A)(2). “Property subject to forfeiture” is defined to include “contraband” and “instrumentalities” involved in the commission of a felony.”
Dayton Police Dep't v. Byrd, 189 Ohio App. 3d 461 (Ohio Ct. App. 2d Dist. 2010). · cites it 2× “02(A)(2) allows for the forfeiture of “[p]roeeeds derived from or acquired through the commission of an offense.”
State v. Trivette, 2011-Ohio-4297, 959 N.E.2d 1065. · cites it 2× “10CA0024-M, 2010-Ohio-6056 , at ¶ 9, citing R.C. 2981.01(B)(6) and (8). {¶ 14} The forfeiture hearing transcript reflects that virtually all the testimony elicited at the hearing bore upon proportionality rather than whether Trivette’s vehicle was used “in a manner sufficient to…”
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 9th Dist. 2009). · cites it 2× “The state argues as a matter of policy that distributing the proceeds to pay defendants’ court costs and attorney fees thwarts the stated purpose of the forfeiture statute and unjustly enriches criminal defendants who are responsible for paying the court costs stemming from…”
State v. Bustamante, 2013-Ohio-4975. “R.C. 2981.01(B)(11). The burden is on the state to show that the money has any connection to the underlying criminal offense.”
State v. Allen, 2014-Ohio-1806. · cites it 2× “" In cases involving unlawful goods, services or activities, R.C. 2981.01(B)(11) defines "proceeds" as "any property derived directly or indirectly from an offense * * * includ[ing] * * * money.”
State v. Hawthorne, 2016-Ohio-203. “Forfeiture {¶31} Under the second assignment of error, Hawthorne argues his conviction of possessing criminal tools and the forfeiture specifications constituted double jeopardy. This claim is without merit.”
Show all 77 citing cases →
Ohio Rev. Code § 2981.01(11): 1 case
In re $18,823.06 U.S. Currency &, 2018-Ohio-876, 96 N.E.3d 349.
Ohio Rev. Code § 2981.01(A): 3 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011). “R.C. 2981.01 through 2981.14 now define and establish the mandatory procedures for the *532 forfeiture of property involved in, or relating to, certain offenses.”
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 9th Dist. 2009). “The state argues as a matter of policy that distributing the proceeds to pay defendants’ court costs and attorney fees thwarts the stated purpose of the forfeiture statute and unjustly enriches criminal defendants who are responsible for paying the court costs stemming from…”
Banks v. Toledo, 2023-Ohio-1906, 216 N.E.3d 96.
Ohio Rev. Code § 2981.01(A)(1): 2 cases
In re $449 U.S. Currency, 2012-Ohio-1701.
In re Forfeiture of Prop. of Rhodes, 2013-Ohio-3046.
Ohio Rev. Code § 2981.01(A)(11)(a): 4 cases
Cleveland v. Tarulli, 2021-Ohio-3462.
State v. Fort, 2014-Ohio-3412, 17 N.E.3d 1172.
State v. Brownridge, 2010-Ohio-104.
State v. Naugle, 2010-Ohio-3364.
Ohio Rev. Code § 2981.01(A)(13): 1 case
State v. $5,839 in U.S. Currency, 2018-Ohio-624.
Ohio Rev. Code § 2981.01(A)(2): 1 case
State v. Smith, 2025-Ohio-2752.
Ohio Rev. Code § 2981.01(B): 1 case
In re $75,000.00 U.S. Currency, 2017-Ohio-9158, 101 N.E.3d 1209. “R.C. 2981.01(B) defines "proceeds" as "any property derived directly or indirectly from an offense," which "may include * * * money or any other means of exchange[.”
Ohio Rev. Code § 2981.01(B)(10): 11 cases
In re $75,000.00 U.S. Currency, 2017-Ohio-9158, 101 N.E.3d 1209. “R.C. 2981.01(B) defines "proceeds" as "any property derived directly or indirectly from an offense," which "may include * * * money or any other means of exchange[.”
Miller v. Ohio State Hwy. Patrol, 2020-Ohio-3231.
Dayton Police Dept. v. Thompson, 2012-Ohio-2660.
Marmet Drug Task Force v. Paz, 2012-Ohio-4882.
In re Forfeiture of Prop. of Astin, 2018-Ohio-1723, 111 N.E.3d 894.
Ohio Rev. Code § 2981.01(B)(11): 8 cases
State v. Bustamante, 2013-Ohio-4975. “R.C. 2981.01(B)(11). The burden is on the state to show that the money has any connection to the underlying criminal offense.”
State v. Hedges, 2020-Ohio-4528.
Dayton Police Dep't v. Byrd, 189 Ohio App. 3d 461 (Ohio Ct. App. 2d Dist. 2010). “02(A)(2) allows for the forfeiture of “[p]roeeeds derived from or acquired through the commission of an offense.”
State v. Allen, 2014-Ohio-1806. “" In cases involving unlawful goods, services or activities, R.C. 2981.01(B)(11) defines "proceeds" as "any property derived directly or indirectly from an offense * * * includ[ing] * * * money.”
State v. Conway, 2012-Ohio-590.
Ohio Rev. Code § 2981.01(B)(11)(a): 17 cases
State v. Abston, 2022-Ohio-884. “R.C. 2981.01(B)(11)(a). Money derived from a drug transaction can constitute “proceeds.”
State v. Gales, 2022-Ohio-776. “R.C. 2981.01(B)(11)(a). When Mr. Gales committed his indicted offenses on September 26, 2017, the criminal forfeiture statute provided as follows: If a person * * * is convicted of * * * an offense * * * and the * * * indictment * * * contains a specification covering property…”
State v. McCorkle, 2021-Ohio-2604.
State v. West, 2013-Ohio-96.
State v. Allen, 2014-Ohio-1806. “" In cases involving unlawful goods, services or activities, R.C. 2981.01(B)(11) defines "proceeds" as "any property derived directly or indirectly from an offense * * * includ[ing] * * * money.”
Ohio Rev. Code § 2981.01(B)(13): 13 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011). “R.C. 2981.01 through 2981.14 now define and establish the mandatory procedures for the *532 forfeiture of property involved in, or relating to, certain offenses.”
State v. Hawthorne, 2016-Ohio-203. “Forfeiture {¶31} Under the second assignment of error, Hawthorne argues his conviction of possessing criminal tools and the forfeiture specifications constituted double jeopardy. This claim is without merit.”
State v. Leet, 2021-Ohio-1334, 171 N.E.3d 835.
State v. North, 2012-Ohio-5200. “03(A)(2). “Property subject to forfeiture” is defined to include “contraband” and “instrumentalities” involved in the commission of a felony.”
State v. Recinos, 2014-Ohio-3021.
Ohio Rev. Code § 2981.01(B)(5): 1 case
State v. Adames Deli & Grocery, Inc., 2018-Ohio-442.
Ohio Rev. Code § 2981.01(B)(6): 15 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011). “R.C. 2981.01 through 2981.14 now define and establish the mandatory procedures for the *532 forfeiture of property involved in, or relating to, certain offenses.”
State v. Trivette, 2011-Ohio-4297, 959 N.E.2d 1065. “10CA0024-M, 2010-Ohio-6056 , at ¶ 9, citing R.C. 2981.01(B)(6) and (8). {¶ 14} The forfeiture hearing transcript reflects that virtually all the testimony elicited at the hearing bore upon proportionality rather than whether Trivette’s vehicle was used “in a manner sufficient to…”
State v. Armstead, 2021-Ohio-4000.
State v. Pitts, 2026-Ohio-292.
Dayton Police Dep't v. Byrd, 189 Ohio App. 3d 461 (Ohio Ct. App. 2d Dist. 2010). “02(A)(2) allows for the forfeiture of “[p]roeeeds derived from or acquired through the commission of an offense.”
Ohio Rev. Code § 2981.01(B)(7): 1 case
State v. Holloway, 2021-Ohio-1843.
Ohio Rev. Code § 2981.01(B)(ll)(a): 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 9th Dist. 2009). “The state argues as a matter of policy that distributing the proceeds to pay defendants’ court costs and attorney fees thwarts the stated purpose of the forfeiture statute and unjustly enriches criminal defendants who are responsible for paying the court costs stemming from…”
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