{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.20.html"}],"law_id":79178,"edition_id":1,"section_id":79178,"structure_id":14919,"section_number":"19.2-368.20","catch_line":"Special order of escrow","history":"1990, c. 549; 1992, c. 681; 2006, c. 414.","full_text":"A\n\nAny proceeds or profits received or to be received directly or indirectly, except property that may be forfeited to the Commonwealth pursuant to §§ 19.2-386.15 through 19.2-386.31, by a defendant or a transferee of that defendant from any source, as a direct or indirect result of his crime or sentence, or the notoriety which such crime or sentence has conferred upon him, shall be subject to a special order of escrow.B\n\nIncome from the defendant’s employment in a position unrelated to his crime or the notoriety which such crime has conferred upon him but obtained through the assistance of or rehabilitative training by correctional or mental health programs or personnel shall not be subject to a special order of escrow under this section, and nothing in this section shall be construed to prohibit or hinder the return of property belonging to victims of crime to its rightful owners. Any proceeds from a contract relating to a depiction or discussion of the defendant’s crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to a special order of escrow unless an integral part of the work is a depiction or discussion of the defendant’s crime or an impression of the defendant’s thoughts, opinions, or emotions regarding such crime.C\n\nUpon petition of the attorney for the Commonwealth filed at any time after conviction of such defendant or his acquittal by reason of insanity and after notice to the interested parties, a hearing upon the motion and a finding for the Commonwealth, for good cause shown, any circuit court in which the petition is filed shall order that such proceeds be subject to a special order of escrow.1\n\nThe petition shall be filed in the circuit court of the jurisdiction where the defendant was convicted or acquitted by reason of insanity.2\n\nThe petition shall set forth in general terms the causes for entry of the special order of escrow, and be signed by the attorney for the Commonwealth.3\n\nUpon the filing of the petition, the clerk shall forthwith issue a warrant directed to the sheriff or other law-enforcement officer of the county or city, commanding him to take the property into his possession and hold the same subject to further proceedings in the cause. If for any cause the warrant was not executed, other like warrants may be successively issued until one is executed. The officer serving the warrant shall take the property into his possession and forthwith return the warrant and report to the clerk in writing.4\n\nAny person concerned in interest may appear and make defense to the petition, which may be done by answer on oath.5\n\nWhen the case is ready for trial, such issues of fact as are made by the pleadings, or as the court may direct, the court shall determine the whole matter of law and fact.6\n\nExpenses and costs incurred in the proceedings shall be paid as the court, in its discretion, shall determine; except that no costs shall be adjudged against the Commonwealth.\n\t\t\t\tAn order issued under this section shall require that the defendant and the person with whom the defendant contracts pay to the Division any proceeds due the defendant under the contract and the proceeds shall be placed in a special escrow account for the victims of the defendant’s crime.","order_by":null,"text":{"0":{"id":283558,"text":"Any proceeds or profits received or to be received directly or indirectly, except property that may be forfeited to the Commonwealth pursuant to §§ 19.2-386.15 through 19.2-386.31, by a defendant or a transferee of that defendant from any source, as a direct or indirect result of his crime or sentence, or the notoriety which such crime or sentence has conferred upon him, shall be subject to a special order of escrow.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283559,"text":"Income from the defendant’s employment in a position unrelated to his crime or the notoriety which such crime has conferred upon him but obtained through the assistance of or rehabilitative training by correctional or mental health programs or personnel shall not be subject to a special order of escrow under this section, and nothing in this section shall be construed to prohibit or hinder the return of property belonging to victims of crime to its rightful owners. Any proceeds from a contract relating to a depiction or discussion of the defendant’s crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to a special order of escrow unless an integral part of the work is a depiction or discussion of the defendant’s crime or an impression of the defendant’s thoughts, opinions, or emotions regarding such crime.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283560,"text":"Upon petition of the attorney for the Commonwealth filed at any time after conviction of such defendant or his acquittal by reason of insanity and after notice to the interested parties, a hearing upon the motion and a finding for the Commonwealth, for good cause shown, any circuit court in which the petition is filed shall order that such proceeds be subject to a special order of escrow.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":283561,"text":"The petition shall be filed in the circuit court of the jurisdiction where the defendant was convicted or acquitted by reason of insanity.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":283562,"text":"The petition shall set forth in general terms the causes for entry of the special order of escrow, and be signed by the attorney for the Commonwealth.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":283563,"text":"Upon the filing of the petition, the clerk shall forthwith issue a warrant directed to the sheriff or other law-enforcement officer of the county or city, commanding him to take the property into his possession and hold the same subject to further proceedings in the cause. If for any cause the warrant was not executed, other like warrants may be successively issued until one is executed. The officer serving the warrant shall take the property into his possession and forthwith return the warrant and report to the clerk in writing.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":283564,"text":"Any person concerned in interest may appear and make defense to the petition, which may be done by answer on oath.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":283565,"text":"When the case is ready for trial, such issues of fact as are made by the pleadings, or as the court may direct, the court shall determine the whole matter of law and fact.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":283566,"text":"Expenses and costs incurred in the proceedings shall be paid as the court, in its discretion, shall determine; except that no costs shall be adjudged against the Commonwealth.\n\t\t\t\tAn order issued under this section shall require that the defendant and the person with whom the defendant contracts pay to the Division any proceeds due the defendant under the contract and the proceeds shall be placed in a special escrow account for the victims of the defendant’s crime.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5"}},"ancestry":[{"id":14919,"edition_id":1,"name":"Profits From Crime","identifier":"21.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:50:46","date_modified":"2026-06-26 03:50:46","permalink":{"id":170229,"object_type":"structure","relational_id":14919,"identifier":"21.2","token":"19.2\/21.2","url":"\/19.2\/21.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65351,"structure_id":14919,"section_number":"19.2-368.19","catch_line":"Definitions","url":"\/19.2-368.19\/","token":"19.2\/21.2\/19.2-368.19","metadata":false},{"id":79178,"structure_id":14919,"section_number":"19.2-368.20","catch_line":"Special order of escrow","url":"\/19.2-368.20\/","token":"19.2\/21.2\/19.2-368.20","metadata":false},{"id":87089,"structure_id":14919,"section_number":"19.2-368.21","catch_line":"Distribution","url":"\/19.2-368.21\/","token":"19.2\/21.2\/19.2-368.21","metadata":false},{"id":56936,"structure_id":14919,"section_number":"19.2-368.22","catch_line":"Actions to defeat chapter void","url":"\/19.2-368.22\/","token":"19.2\/21.2\/19.2-368.22","metadata":false}],"previous_section":{"id":65351,"structure_id":14919,"section_number":"19.2-368.19","catch_line":"Definitions","url":"\/19.2-368.19\/","token":"19.2\/21.2\/19.2-368.19","metadata":false},"next_section":{"id":87089,"structure_id":14919,"section_number":"19.2-368.21","catch_line":"Distribution","url":"\/19.2-368.21\/","token":"19.2\/21.2\/19.2-368.21","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.20\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 549 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 681; in 2006, chapter 414<\/a>.<\/p>","references":[{"id":87089,"section_number":"19.2-368.21","catch_line":"Distribution","order_by":null,"url":"\/19.2-368.21\/"}],"refers_to":[{"id":76677,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","order_by":null,"url":"\/19.2-386.15\/"},{"id":66548,"section_number":"19.2-386.31","catch_line":"Seizure and forfeiture of property used in connection with the exploitation and solicitation of children","order_by":null,"url":"\/19.2-386.31\/"}],"permalink":{"id":170235,"object_type":"law","relational_id":79178,"identifier":"19.2-368.20","token":"19.2\/21.2\/19.2-368.20","url":"\/19.2-368.20\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.20\/","token":"19.2\/21.2\/19.2-368.20","dublin_core":{"Title":"Special order of escrow","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any proceeds or profits received or to be received directly or indirectly, except property that may be forfeited to the Commonwealth pursuant to §§ 19.2-386.15<\/a> through 19.2-386.31<\/a>, by a defendant<\/span> or a transferee of that defendant<\/span> from any source, as a direct or indirect result of his crime<\/span> or sentence, or the notoriety which such crime<\/span> or sentence has conferred upon him, shall be subject to a special order<\/span> of escrow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Income from the defendant<\/span>’s employment in a position unrelated to his crime<\/span> or the notoriety which such crime<\/span> has conferred upon him but obtained through the assistance of or rehabilitative training by correctional or mental health programs or personnel shall not be subject to a special order<\/span> of escrow under this section, and nothing in this section shall be construed to prohibit or hinder the return of property belonging to victims<\/span> of crime<\/span> to its rightful owners. Any proceeds from a contract<\/span> relating to a depiction or discussion of the defendant<\/span>’s crime<\/span> in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to a special order<\/span> of escrow unless an integral part of the work is a depiction or discussion of the defendant<\/span>’s crime<\/span> or an impression of the defendant<\/span>’s thoughts, opinions<\/span>, or emotions regarding such crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon petition<\/span> of the attorney for the Commonwealth filed at any time after conviction<\/span> of such defendant<\/span> or his acquittal<\/span> by reason of insanity<\/span> and after notice to the interested parties, a hearing<\/span> upon the motion<\/span> and a finding<\/span> for the Commonwealth, for good cause shown, any circuit<\/span> court<\/span> in which the petition<\/span> is filed shall order<\/span> that such proceeds be subject to a special order<\/span> of escrow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The petition<\/span> shall be filed in the circuit<\/span> court<\/span> of the jurisdiction<\/span> where the defendant<\/span> was convicted or acquitted by reason of insanity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The petition<\/span> shall set forth in general terms the causes for entry of the special order<\/span> of escrow, and be signed by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon the filing of the petition<\/span>, the clerk shall forthwith issue<\/span> a warrant directed to the sheriff or other law<\/span>-enforcement officer of the county or city, commanding him to take the property into his possession<\/span> and hold the same subject to further proceedings in the cause. If for any cause the warrant was not executed, other like warrants may be successively issued until one is executed. The officer serving the warrant shall take the property into his possession<\/span> and forthwith return the warrant and report to the clerk in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any person concerned in interest may appear and make defense to the petition<\/span>, which may be done by answer on oath<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> When the case is ready for trial<\/span>, such issues<\/span> of fact<\/span> as are made by the pleadings<\/span>, or as the court<\/span> may direct, the court<\/span> shall determine the whole matter of law<\/span> and fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Expenses and costs incurred in the proceedings shall be paid as the court<\/span>, in its discretion, shall determine; except that no costs shall be adjudged against the Commonwealth.\n\t\t\t\tAn order<\/span> issued under this section shall require that the defendant<\/span> and the person with whom the defendant<\/span> contracts<\/span> pay to the Division<\/span> any proceeds due the defendant<\/span> under the contract<\/span> and the proceeds shall be placed in a special escrow account for the victims<\/span> of the defendant<\/span>’s crime<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL ORDER OF ESCROW (\u00a7 19.2-368.20)\n\nA. Any proceeds or profits received or to be received directly or indirectly,\nexcept property that may be forfeited to the Commonwealth pursuant to\n§§ 19.2-386.15 through 19.2-386.31, by a defendant or a transferee of\nthat defendant from any source, as a direct or indirect result of his crime or\nsentence, or the notoriety which such crime or sentence has conferred upon him,\nshall be subject to a special order of escrow.\n\nB. Income from the defendant’s employment in a position unrelated to his\ncrime or the notoriety which such crime has conferred upon him but obtained\nthrough the assistance of or rehabilitative training by correctional or mental\nhealth programs or personnel shall not be subject to a special order of escrow\nunder this section, and nothing in this section shall be construed to prohibit\nor hinder the return of property belonging to victims of crime to its rightful\nowners. Any proceeds from a contract relating to a depiction or discussion of\nthe defendant’s crime in a movie, book, newspaper, magazine, radio or\ntelevision production, or live entertainment or publication of any kind shall\nnot be subject to a special order of escrow unless an integral part of the work\nis a depiction or discussion of the defendant’s crime or an impression of\nthe defendant’s thoughts, opinions, or emotions regarding such crime.\n\nC. Upon petition of the attorney for the Commonwealth filed at any time after\nconviction of such defendant or his acquittal by reason of insanity and after\nnotice to the interested parties, a hearing upon the motion and a finding for\nthe Commonwealth, for good cause shown, any circuit court in which the petition\nis filed shall order that such proceeds be subject to a special order of escrow.\n\n 1. The petition shall be filed in the circuit court of the jurisdiction where\n the defendant was convicted or acquitted by reason of insanity.\n\n 2. The petition shall set forth in general terms the causes for entry of the\n special order of escrow, and be signed by the attorney for the Commonwealth.\n\n 3. Upon the filing of the petition, the clerk shall forthwith issue a warrant\n directed to the sheriff or other law-enforcement officer of the county or\n city, commanding him to take the property into his possession and hold the\n same subject to further proceedings in the cause. If for any cause the warrant\n was not executed, other like warrants may be successively issued until one is\n executed. The officer serving the warrant shall take the property into his\n possession and forthwith return the warrant and report to the clerk in\n writing.\n\n 4. Any person concerned in interest may appear and make defense to the\n petition, which may be done by answer on oath.\n\n 5. When the case is ready for trial, such issues of fact as are made by the\n pleadings, or as the court may direct, the court shall determine the whole\n matter of law and fact.\n\n 6. Expenses and costs incurred in the proceedings shall be paid as the court,\n in its discretion, shall determine; except that no costs shall be adjudged\n against the Commonwealth.\n \t\t\t\tAn order issued under this section shall require that the defendant and\n the person with whom the defendant contracts pay to the Division any proceeds\n due the defendant under the contract and the proceeds shall be placed in a\n special escrow account for the victims of the defendant’s crime.\n\nHISTORY: 1990, c. 549; 1992, c. 681; 2006, c. 414.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}