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18 U.S.C. § 2429 — Mandatory restitution

submitted 8 years ago by Pub. L. 115-392 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

For every offense under this chapter, the court must order restitution in addition to other civil or criminal penalties. The defendant must pay the victim’s full losses and, for qualifying commercial sex acts, the greater of the defendant’s gross income or the services’ value to the defendant; the section also governs enforcement, forfeiture, and the meaning of victim.

(a) Despite sections 3663 and 3663A, and in addition to any other civil or criminal penalty allowed by law, the court must order restitution for every offense under this chapter.

(b)

(1) The restitution order must direct the defendant, through the proper court process, to pay the victim the full amount of the victim’s losses as determined by the court under paragraph (3). It must also require the defendant to pay the greater of the defendant’s gross income or the value to the defendant of the victim’s services, if those services are commercial sex acts as defined in section 1591.

(2) The order must be issued and enforced under section 3664 in the same way as an order under section 3663A.

(3) In this subsection, “full amount of the victim’s losses” has the same meaning as in section 2259(b)(3). This section does not define that term.

(c) Forfeiture of property under this section is governed by section 413, except subsection (d), of the Controlled Substances Act (21 U.S.C. 853).

(d) In this section, “victim” means the individual harmed by a crime under this chapter. If the victim is under 18, incompetent, incapacitated, or deceased, it also includes the victim’s legal guardian, a representative of the victim’s estate, another family member, or another person the court appoints as suitable. The defendant may never be named as that representative or guardian. This section does not otherwise define the term “victim.”

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

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.

(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), and shall additionally require the defendant to pay the greater of the gross income or value to the defendant of the victim’s services, if the services constitute commercial sex acts as defined under section 1591.

(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(b)(3).

(c)

The forfeiture of property under this section 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).

(d)

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. 115–392, § 3(a), Dec. 21, 2018, 132 Stat. 5251.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-392 · 132 Stat. 5251

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-392 on 2018-12-21.

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