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18 U.S.C. § 2327 — Mandatory restitution

submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 234 words · no verdicts yet

in plain englishAI-generated · not legal advice

For offenses covered by section 2326’s enhanced penalty, the court must order restitution to every victim. The defendant must pay all losses proximately caused by the offense, and the court cannot waive restitution because of finances or other compensation.

(a) In general. Despite sections 3663 and 3663A, and in addition to other authorized penalties, the court must order restitution to all victims of an offense for which section 2326 provides an enhanced penalty. (b) Scope and nature. (1) The order must direct the defendant, through the proper court process, to pay each victim the full amount of losses determined by the court under paragraph (2). (2) The order must be issued and enforced under section 3664 like an order under section 3663A. (3) “Full amount of the victim’s losses” means all losses suffered as a proximate result of the offense; this section does not otherwise define “proximate.” (4)(A) Issuing the order is mandatory. (B) The court may not refuse because of the defendant’s finances or because the victim has or may receive insurance or other compensation. (c) Victim defined. “Victim” has the meaning in section 3663A(a)(2).

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.

(b)Scope and Nature of Order.—
(1)Directions.—

The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).

(2)Enforcement.—

An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.

(3)Definition.—

For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.

(4)Order mandatory.—
(A)

The issuance of a restitution order under this section is mandatory.

(B)

A court may not decline to issue an order under this section because of—

(i)

the economic circumstances of the defendant; or

(ii)

the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.

(c)Victim Defined.—

In this section, the term “victim” has the meaning given that term in section 3663A(a)(2).

Source credit: (Added Pub. L. 103–322, title XXV, § 250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 104–132, title II, § 205(e), Apr. 24, 1996, 110 Stat. 1232; Pub. L. 104–294, title VI, § 601(n), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 105–184, § 5, June 23, 1998, 112 Stat. 520.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-322 · 108 Stat. 2082
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1232
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3502
  • 1998Amended · Pub. L. 105-184 · 112 Stat. 520

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

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