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18 U.S.C. § 1467 — Criminal forfeiture
Federal law — U.S. Code and appendices · legal_authorities
**(a) Property Subject to Criminal Forfeiture.—** A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in—
(1) any obscene material produced, transported, mailed, shipped, or received in violation of this chapter;
(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.
**(b)** The provisions of section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).
**(c)** Any property subject to forfeiture pursuant to subsection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.
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Source location: Title 18, Chapter 71, § 1467; chapter-071-obscenity.md
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**(a) Property Subject to Criminal Forfeiture.—** A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in—
(1) any obscene material produced, transported, mailed, shipped, or received in violation of this chapter;
(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.
**(b)** The provisions of section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).
**(c)** Any property subject to forfeiture pursuant to subsection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 386
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1467
mining the sentencing range referred to in section
3553(a)(4) of title 18, United States Code, with respect to
any person convicted under section 1466A of such title,
shall be the category of offenses described in section
2G2.2 of the Sentencing Guidelines.
‘‘(2) RANGES.—The Sentencing Commission may pro-
mulgate guidelines specifically governing offenses
under section 1466A of title 18, United States Code, if
such guidelines do not result in sentencing ranges that
are lower than those that would have applied under
paragraph (1).’’
REPORT TO CONGRESSIONAL COMMITTEES
Pub. L. 108–21, title V, § 513(b), Apr. 30, 2003, 117 Stat.
685, provided that:
‘‘(1) IN GENERAL.—Not later than 9 months after the
date of enactment of this Act [Apr. 30, 2003], and every
2 years thereafter, the Attorney General shall report to
the Chairpersons and Ranking Members of the Commit-
tees on the Judiciary of the Senate and the House of
Representatives on the Federal enforcement actions
under chapter 110 or section 1466A of title 18, United
States Code.
‘‘(2) CONTENTS.—The report required under paragraph
(1) shall include—
‘‘(A) an evaluation of the prosecutions brought
under chapter 110 or section 1466A of title 18, United
States Code;
‘‘(B) an outcome-based measurement of perform-
ance; and
‘‘(C) an analysis of the technology being used by
the child pornography industry.’’
§ 1467. Criminal forfeiture
(a) PROPERTY
SUBJECT
TO
CRIMINAL
FOR-
FEITURE.—A person who is convicted of an of-
fense involving obscene material under this
chapter shall forfeit to the United States such
person’s interest in—
(1) any obscene material produced, trans-
ported, mailed, shipped, or received in viola-
tion of this chapter;
(2) any p
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1467
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
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