Derivative Contraband Law and Legal Definition

Derivative contraband is property whose possession becomes unlawful when it is used in committing an illegal act. Derivative contraband is a property that is unlawful because it is used in committing an unlawful act; whereas, contraband per se refers to a property whose possession itself is unlawful, regardless of how it is used.

The definition of derivative contraband does not include every weapon seized from a defendant who is later convicted of any weapon related offense. [People v. Earl, 121 Ill. App. 3d 254, 76 Ill. Dec. 705, 459 N.E.2d 342 (3 Dist 1984)]. Where a defendant commits a crime in which a gun is used or possessed, the gun may be treated as derivative contraband but the weapon must be sufficiently closely related to the commission of the offense to be deemed derivative contraband subject to confiscation. [People v. Braden, 243 Ill. App. 3d 671, 183 Ill. Dec. 312, 611 N.E.2d 575 (2 Dist. 1993)].