Browse Arkansas Code titles and sections
18 U.S.C. § 2323 — Forfeiture, destruction, and restitution
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Forfeiture.—**
(1) **Property subject to forfeiture.—** — The following property is subject to forfeiture to the United States Government:
(A) Any article, the making or trafficking of which is, prohibited under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
(2) **Procedures.—** — The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.
**(b) Criminal Forfeiture.—**
(1) **Property subject to forfeiture.—** — The court, in imposing sentence on a person convicted of an offense under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2323
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: f262348268f93071c576a4d1e0216adc7a91f1f3a2dcfee66bc69fdd15391df7. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_43a9881bc2b831e1beeb628b
Source file: Laws/federal/codes/united-states-code/title-18/section-2323-forfeiture-destruction-and-restitution--6898b3f7ea.md
Pages: Not recorded – Not recorded
Passage SHA-256: 6df988a29471332df8a67b4eee8661136a79c1ff4677abf53d6ad931e863b7d0
Source location: Title 18, Chapter 113, § 2323; chapter-113-stolen-property.md
Stored source content
**(a) Civil Forfeiture.—**
(1) **Property subject to forfeiture.—** — The following property is subject to forfeiture to the United States Government:
(A) Any article, the making or trafficking of which is, prohibited under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
(2) **Procedures.—** — The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.
**(b) Criminal Forfeiture.—**
(1) **Property subject to forfeiture.—** — The court, in imposing sentence on a person convicted of an offense under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addition to any other sentence imposed, that the person forfeit to the United States Government any property subject to forfeiture under subsection (a) for that offense.
(2) **Procedures.—**
(A) *In general.—* — The forfeiture of property under paragraph (1), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)), other than subsection (d) of that section.
(B) *Destruction.—* — At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States shall order that any—
(i) forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law; and
(ii) infringing items or other property described in subsection (a)(1)(A) and forfeited under paragraph (1) of this subsection be destroyed or otherwise disposed of according to law.
**(c) Restitution.—** When a person is convicted of an offense under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim) or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in [section 3663A(c)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663A/c/1/A/ii&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal Infringement.—**
(1) **In general.—** — Any person who willfully infringes a copyright shall be punished as provided under [section 2319 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319&num=0&edition=prelim), if the infringement was committed—
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
(2) **Evidence.—** — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
(3) **Definition.—** — In this subsection, the term “work being prepared for commercial distribution” means—
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—
(i) the copyright owner has a reasonable expectation of commercial distribution; and
(ii) the copies or phonorecords of the work have not been commercially distributed; or
(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—
(i) has been made available for viewing in a motion picture exhibition facility; and
(ii) has not been made available in copies for sale to the general public in the United States in a f
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 506
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Property subject to criminal forfeiture** Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law—
(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
(2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of [section 848 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848&num=0&edition=prelim), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
**(b) Meaning of term “property”** Property subject to criminal forfeiture under this section includes—
(1) real property, including things growing on, affixed to, and found in land; and
(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
**(c) Third party transfers** All right, title, and inter
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 853
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this Act, the term “United States person” means—
(1) any United States resident or national,
(2) any domestic concern (including any permanent domestic establishment of any foreign concern), and
(3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern,
except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 8111
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 585
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2325
§ 2323. Forfeiture, destruction, and restitution
(a) CIVIL FORFEITURE.—
(1) PROPERTY SUBJECT TO FORFEITURE.—The
following property is subject to forfeiture to
the United States Government:
(A) Any article, the making or trafficking
of which is, prohibited under section 506 of
title 17, or section 2318, 2319, 2319A, 2319B, or
2320, or chapter 90, of this title.
(B) Any property used, or intended to be
used, in any manner or part to commit or fa-
cilitate the commission of an offense re-
ferred to in subparagraph (A).
(C) Any property constituting or derived
from any proceeds obtained directly or indi-
rectly as a result of the commission of an of-
fense referred to in subparagraph (A).
(2) PROCEDURES.—The provisions of chapter
46 relating to civil forfeitures shall extend to
any seizure or civil forfeiture under this sec-
tion. For seizures made under this section, the
court shall enter an appropriate protective
order with respect to discovery and use of any
records or information that has been seized.
The protective order shall provide for appro-
priate procedures to ensure that confidential,
private, proprietary, or privileged information
contained in such records is not improperly
disclosed or used. At the conclusion of the for-
feiture
proceedings,
unless
otherwise
re-
quested by an agency of the United States, the
court shall order that any property forfeited
under paragraph (1) be destroyed, or otherwise
disposed of according to law.
(b) CRIMINAL FORFEITURE.—
(1) PROPERTY SUBJECT TO FORFEITURE.—The
court, in imposing sentence on a person con-
victed of an offense under section 506 of title
17, or section 2318, 2319, 2319A, 2319B, or 2320, or
chapter 90, of this title, shall order,
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2323
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 860
TITLE 21—FOOD AND DRUGS
§ 852
which occurred more than five years before the
date of the information alleging such prior con-
viction.
(Pub. L. 91–513, title II, § 411, Oct. 27, 1970, 84
Stat. 1269.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91–513, set out as a note under section 801 of
this title.
§ 852. Application of treaties and other inter-
national agreements
Nothing in the Single Convention on Narcotic
Drugs, the Convention on Psychotropic Sub-
stances, or other treaties or international agree-
ments shall be construed to limit the provision
of treatment, education, or rehabilitation as al-
ternatives to conviction or criminal penalty for
offenses involving any drug or other substance
subject to control under any such treaty or
agreement.
(Pub. L. 91–513, title II, § 412, as added Pub. L.
95–633, title I, § 107(a), Nov. 10, 1978, 92 Stat. 3773.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on date the Convention on Psycho-
tropic Substances enters into force in the United
States [July 15, 1980], see section 112 of Pub. L. 95–633,
set out as a note under section 801a of this title.
§ 853. Criminal forfeitures
(a) Property subject to criminal forfeiture
Any person convicted of a violation of this
subchapter or subchapter II punishable by im-
prisonment for more than one year shall forfeit
to the United States, irrespective of any provi-
sion of State law—
(1) any property constituting, or derived
from, any proceeds the person obtained, di-
rectly or indirectly, as the result of such vio-
lation;
(2) any of the person’s property used, or in-
tended to be used, in any mann
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 853
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 853. This identifies an authority to review, not proof of applicability.