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Ohio Revised Code

Ohio Rev. Code § 2981.01 (2026)

Purposes of forfeiture

✓ current as of May 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. 2011).
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State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 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. 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 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2022). · 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 (Ohio Ct. App. 2022). · 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 (Ohio Ct. App. 2012). · 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. 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 (Ohio Ct. App. 2011). · 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. 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 (Ohio Ct. App. 2013). “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 (Ohio Ct. App. 2014). · 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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2981.01(A) — 3 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 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. 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 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2981.01(A)(1) — 2 cases
In re $449 U.S. Currency, 2012 Ohio 1701 (Ohio Ct. App. 2012).
In re Forfeiture of Prop. of Rhodes, 2013 Ohio 3046 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2981.01(A)(11)(a) — 4 cases
Cleveland v. Tarulli, 2021 Ohio 3462 (Ohio Ct. App. 2021).
State v. Fort, 2014 Ohio 3412 (Ohio Ct. App. 2014).
State v. Brownridge, 2010 Ohio 104 (Ohio Ct. App. 2010).
State v. Naugle, 2010 Ohio 3364 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2981.01(A)(13) — 1 case
State v. $5,839 in U.S. Currency, 2018 Ohio 624 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2981.01(A)(2) — 1 case
State v. Smith, 2025 Ohio 2752 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2981.01(B) — 1 case
In re $75,000.00 U.S. Currency, 2017 Ohio 9158 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2020).
Dayton Police Dept. v. Thompson, 2012 Ohio 2660 (Ohio Ct. App. 2012).
Marmet Drug Task Force v. Paz, 2012 Ohio 4882 (Ohio Ct. App. 2012).
In re Forfeiture of Prop. of Astin, 2018 Ohio 1723 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2981.01(B)(11) — 8 cases
State v. Bustamante, 2013 Ohio 4975 (Ohio Ct. App. 2013). “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 (Ohio Ct. App. 2020).
Dayton Police Dep't v. Byrd, 189 Ohio App. 3d 461 (Ohio Ct. App. 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 (Ohio Ct. App. 2014). “" 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 Ct. App. 2012).
— Ohio Rev. Code § 2981.01(B)(11)(a) — 17 cases
State v. Abston, 2022 Ohio 884 (Ohio Ct. App. 2022). “R.C. 2981.01(B)(11)(a). Money derived from a drug transaction can constitute “proceeds.”
State v. Gales, 2022 Ohio 776 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2021).
State v. West, 2013 Ohio 96 (Ohio Ct. App. 2013).
State v. Allen, 2014 Ohio 1806 (Ohio Ct. App. 2014). “" 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. 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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2021).
State v. North, 2012 Ohio 5200 (Ohio Ct. App. 2012). “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 Ct. App. 2014).
— Ohio Rev. Code § 2981.01(B)(5) — 1 case
State v. Adames Deli & Grocery, Inc., 2018 Ohio 442 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2981.01(B)(6) — 15 cases
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 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 (Ohio Ct. App. 2011). “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 (Ohio Ct. App. 2021).
State v. Pitts, 2026 Ohio 292 (Ohio Ct. App. 2026).
Dayton Police Dep't v. Byrd, 189 Ohio App. 3d 461 (Ohio Ct. App. 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 Ct. App. 2021).
— Ohio Rev. Code § 2981.01(B)(ll)(a) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 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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