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18 U.S.C. § 1593Mandatory restitution

submitted 26 years ago by Pub. L. 106-386 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 285 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires restitution for every offense under the chapter, in addition to other penalties. It explains how the court determines losses, handles forfeiture, and identifies a victim or the victim’s representative.

(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court must order restitution for any offense under this chapter. (b) (1) The order of restitution under this section must direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection. (2) An order of restitution under this section must be issued and enforced under section 3664 in the same manner as an order under section 3663A. (3) As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and must in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act ( 29 U.S.C. 201 et seq.). (4) The forfeiture of property under this subsection must be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act ( 21 U.S.C. 853 ). (c) As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event must the defendant be named such representative or guardian.
the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.

(b)
(1)

The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection.

(2)

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)

As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).

(4)

The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).

(c)

As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.

Source credit: (Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, § 221(1), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 115–299, § 3(c), Dec. 7, 2018, 132 Stat. 4385.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-386 · 114 Stat. 1488
  • 2008Amended · Pub. L. 110-457 · 122 Stat. 5067
  • 2018Amended · Pub. L. 115-299 · 132 Stat. 4385

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-386 on 2000-10-28.

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