Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 21 - FORGERY AND COUNTERFEITING (§§ 97-21-1 — 97-21-103) › Article 2 - FORFEITURE OF PROPERTY FOR VIOLATIONS OF TRADEMARK AND RECORDINGS LAWS (§§ 97-21-101 — 97-21-103) › Section 97-21-101 - Property used in trademark and recordings violations subject to civil forfeiture; who may institute proceedings

(1)
All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of Section
97-21-53
,
97-21-55
,
97-21-57
or
97-23-89
is subject to civil forfeiture to the state pursuant to the provisions of Section
97-21-103
; provided, however, that a forfeiture of personal property encumbered by a bona fide security interest or real property encumbered by a bona fide mortgage, deed of trust, lien or encumbrance of record shall be subject to the interest of the secured party or subject to the interest of the holder of the mortgage, deed of trust, lien or encumbrance of record if such secured party or holder neither had knowledge of or consented to the act or omission.
(2)
Property subject to forfeiture may be seized by law enforcement officers upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:
(a)
The seizure is incident to an arrest or a search under a search warrant or an inspection under a lawful administrative inspection;
(b)
The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article.
(3)
The Attorney General, any district attorney or any state agency having jurisdiction over conduct in violation of Section
97-21-53
,
97-21-55
,
97-21-57
or
97-23-89
may institute civil proceedings under this section. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.
(4)
Any aggrieved person may institute a civil proceeding against any person or enterprise convicted of engaging in activity in violation of Section
97-21-53
,
97-21-55
,
97-21-57
or
97-23-89
. In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of immediate and irreparable injury, loss or damage to the person shall have to be made.
(5)
The Attorney General may, upon timely application, intervene in any civil action or proceeding brought under this section if he certifies that, in his opinion, the action or proceeding is of general public importance. In such action or proceeding, the state shall be entitled to the same relief as if the Attorney General instituted the action or proceeding.
(6)
Notwithstanding any other provision of law, a criminal or civil action or proceeding under this article may be commenced at any time within five (5) years after the conduct in violation of law terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of law, the running of the period of limitations prescribed by this section with respect to any cause of action arising under this section which is based, in whole or in part, upon any matter complained of in any such prosecution, action or proceeding shall be suspended during the pendency of such prosecution, action or proceeding and for two (2) years following its termination.
(7)
The application of one (1) civil remedy under any provision of this article shall not preclude the application of any other remedy, civil or criminal, under this article or any other provision of law. Civil remedies under this article are supplemental.
Laws, 2011, ch. 346, § 1, eff. 7/1/2011.