Mandatory restitution

18 U.S.C. § 2429

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 117 — TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES

Text

(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.

History

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

Editorial Notes

Editorial Notes

Amendments
2008—Pub. L. 110–340, §2(a)(3)(A), Oct. 3, 2008, 122 Stat. 3736, added item 2442.
1996—Pub. L. 104–294, title VI, §605(p)(2), Oct. 11, 1996, 110 Stat. 3510, redesignated item 2401 as 2441.