18 U.S.C. § 2264 — Restitution
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 359 words · no verdicts yet
This section requires restitution for every offense under this chapter in addition to other penalties. It describes covered victim losses and who may act for a victim who cannot act personally.
(a) The court must order restitution for every offense under this chapter, despite §§ 3663 and 3663A and in addition to any other civil or criminal penalty allowed by law.
(b) Order. (1) The order must direct the defendant, through the proper court process, to pay the victim the full losses the court determines under paragraph (2). (2) The order is issued and enforced under § 3664 in the same way as a § 3663A order. (3) “Full amount of the victim’s losses” includes costs for (A) medical, psychiatric, or psychological care; (B) physical or occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, or child care; (D) lost income; (E) lawyer fees and costs of obtaining a civil protection order*; (F) veterinary care for the victim’s pet*, service animal*, emotional support animal*, or horse; and (G) other losses proximately caused by the offense. (4) The order is mandatory. A court may not refuse it because of the defendant’s finances or because insurance or another source compensates or will compensate the victim.
(c) Victim. “Victim” means the person harmed by a crime under this chapter. If the victim is under 18, incompetent, incapacitated, or dead, it includes the victim’s legal guardian or estate representative, another family member, or another suitable person appointed by the court. The defendant may never be that guardian or representative.
Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
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 pursuant to paragraph (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.
For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
medical services relating to physical, psychiatric, or psychological care;
physical and occupational therapy or rehabilitation;
necessary transportation, temporary housing, and child care expenses;
lost income;
attorneys’ fees, plus any costs incurred in obtaining a civil protection order*;
veterinary services relating to physical care for the victim’s pet*, service animal*, emotional support animal*, or horse; and
any other losses suffered by the victim as a proximate result of the offense.
The issuance of a restitution order under this section is mandatory.
A court may not decline to issue an order under this section because of—
the economic circumstances of the defendant; or
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.
For purposes of this section, the term “victim” means the individual harmed as a result of a commission 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 representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.
Source credit: (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928; amended Pub. L. 104–132, title II, § 205(d), Apr. 24, 1996, 110 Stat. 1231; Pub. L. 115–334, title XII, § 12502(a)(3), Dec. 20, 2018, 132 Stat. 4983.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1928
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1231
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4983
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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