141

(a) On motion, the court shall order a person convicted of an offense under section 133, 134, or 135 to forfeit any interest in real or personal property that:\n(1) was used or intended to be used to commit or facilitate the commission of the offense; or\n(2) constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense.\n(b) In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence.\n(c) Proceeds from the public sale or auction of property forfeited under subsection (a) must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures under 14 V.I.C. § 608, but the Attorney General shall ensure that proceeds from the public sale or auction of property forfeited are distributed first to a victim who has been awarded restitution or obtained a judgment in a civil action for a human trafficking offense, such as the action authorized by section 147.