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18 U.S.C. § 3681 — Order of special forfeiture
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under [section 794 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section794&num=0&edition=prelim) or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant’s thoughts, opinions, or emotions regarding such crime.
**(b)** An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.
**(c)**
(1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may—
(A) be levied upon to satisfy—
(i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) a fine imposed by a court of the United States; and
(B) if ordered by the court in the interest of justice, be used to—
(i) satisfy a money judgment rendered in any court in favo
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Source location: Title 18, Chapter 232A, § 3681; chapter-232a-special-forfeiture-of-collateral-profits-of-crime.md
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**(a)** Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under [section 794 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section794&num=0&edition=prelim) or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant’s thoughts, opinions, or emotions regarding such crime.
**(b)** An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.
**(c)**
(1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may—
(A) be levied upon to satisfy—
(i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) a fine imposed by a court of the United States; and
(B) if ordered by the court in the interest of justice, be used to—
(i) satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) pay for legal representation of the defendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total proceeds may be so used.
(2) The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury.
**(d)** As used in this section, the term “interested party” includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.
**(b)** Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the “Fund”).
**(b) Fines deposited in Fund; penalties; forfeited appearance bonds** Except as limited by subsection (c), there shall be deposited in the Fund—
(1) all fines that are collected from persons convicted of offenses against the United States except—
(A) fines available for use by the Secretary of the Treasury pursuant to—
(i) section 11(d) of the Endangered Species Act ([16 U.S.C. 1540(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/d&num=0&edition=prelim)); and
(ii) section 6(d) of the Lacey Act Amendments of 1981 ([16 U.S.C. 3375(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/d&num=0&edition=prelim)); and
(B) fines to be paid into—
(i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.);
(ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in [section 404(a)(7) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section404/a/7&num=0&edition=prelim);
(iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim)); and
(iv) county public school funds pursuant to [section 3613 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3613&num
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Federal law — U.S. Code and appendices · legal_authorities
Page 876
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3681
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–646 redesignated pars. (a) to (c) as (1)
to (3), respectively, and inserted ‘‘the term’’ after ‘‘(1)’’,
‘‘(2)’’, and ‘‘(3)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–646, § 2(b), Nov. 10, 1986, 100 Stat. 3592, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall take effect on the date of
the taking effect of section 3673 of title 18, United
States Code [Nov. 1, 1987].’’
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this sec-
tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.
CHAPTER 232A—SPECIAL FORFEITURE OF
COLLATERAL PROFITS OF CRIME
Sec.
3681.
Order of special forfeiture.
3682.
Notice to victims of order of special for-
feiture.
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–646, § 41(b), (c), Nov. 10, 1986, 100 Stat.
3600, renumbered chapter 232 (relating to special for-
feiture of collateral profits of crime) as chapter 232A,
and renumbered items 3671 and 3672 as items 3681 and
3682, respectively.
§ 3681. Order of special forfeiture
(a) Upon the motion of the United States at-
torney made at any time after conviction of a
defendant for an offense under section 794 of this
title or for an offense against the United States
resulting in physical harm to an individual, and
after notice to any interested party, the court
shall, if the court determines that the interest
of justice or an order of restitution under this
title so requires, order such defendant to forfeit
all or any part of proceeds received or to be re-
ceived by that defendant, or a trans
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