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18 U.S.C. § 2327 — Mandatory restitution
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.
**(b) Scope and Nature of Order.—**
(1) **Directions.—** — The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) **Enforcement.—** — 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) **Definition.—** — For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.
(4) **Order mandatory.—**
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) 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.
**(c) Victim Defined.—** In this section, the term “victim” has the meaning given that term in section 3663A(a)(2).
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Source location: Title 18, Chapter 113A, § 2327; chapter-113a-telemarketing-and-email-marketing-fraud.md
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**(a) In General.—** Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.
**(b) Scope and Nature of Order.—**
(1) **Directions.—** — The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) **Enforcement.—** — 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) **Definition.—** — For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.
(4) **Order mandatory.—**
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) 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.
**(c) Victim Defined.—** In this section, the term “victim” has the meaning given that term in section 3663A(a)(2).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** 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) Scope and Nature of Order.—**
(1) **Directions.—** — The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) **Enforcement.—** — 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) **Definition.—** — For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and
(F) any other losses suffered by the victim as a proximate result of the offense.
(4) **Order mandatory.—**
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) 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.
**(c) Definition.—** 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,
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Federal law — U.S. Code and appendices · legal_authorities
Page 586
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2326
message, or electronic instant message, but
only
receives
interstate
telephone
calls,
emails, text messages, or electronic instant
messages initiated by customers in response
to the written materials, whether in hard copy
or digital format, and in response to those
interstate telephone calls, emails, text mes-
sages, or electronic instant messages does not
conduct further solicitation.
(Added Pub. L. 115–70, title IV, § 402(a)(2), Oct. 18,
2017, 131 Stat. 1213.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2325, added Pub. L. 103–322, title XXV,
§ 250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub.
L. 107–56, title X, § 1011(d), Oct. 26, 2001, 115 Stat. 396, re-
lated to definition of ‘‘telemarketing’’, prior to repeal
by Pub. L. 115–70, title IV, § 402(a)(2), Oct. 18, 2017, 131
Stat. 1213.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 103–322, title XXV, § 250001, Sept. 13, 1994, 108
Stat. 2081, provided that: ‘‘This Act [probably should be
‘‘title’’, meaning title XXV (§§ 250001–250008) of Pub. L.
103–322, which enacted this chapter, amended sections
1029, 1341, and 3059 of this title, and enacted provisions
set out as notes under this section and section 994 of
Title 28, Judiciary and Judicial Procedure] may be
cited as the ‘Senior Citizens Against Marketing Scams
Act of 1994’.’’
INFORMATION NETWORK
Pub. L. 103–322, title XXV, § 250008, Sept. 13, 1994, 108
Stat. 2088, as amended by Pub. L. 104–294, title VI,
§ 604(b)(29), Oct. 11, 1996, 110 Stat. 3508, provided that:
‘‘(a) HOTLINE.—The Attorney General shall, subject to
the availability of appropriations, establish a national
toll-free hotline for the purpose of—
‘‘(1)
providing
general
information
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