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18 U.S.C. § 2248 — Mandatory restitution

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2248 — Mandatory restitution

**(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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Source location: Title 18, Chapter 109A, § 2248; chapter-109a-sexual-abuse.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 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, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclu­sively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2259 — Mandatory restitution

**(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.—** — Except as provided in paragraph (2), 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. (2) **Restitution for trafficking in child pornography.—** — If the defendant was convicted of trafficking in child pornography, the court shall order restitution under this section in an amount to be determined by the court as follows: (A) *Determining the full amount of a victim’s losses.—* — The court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the trafficking in child pornography depicting the victim. (B) *Determining a restitution amount.—* — After completing the determination required under subparagraph (A), the court shall order restitution in an amount that reflects the defendant’s relative role in the causal process that underlies the victim’s losses, but which is no less than $3,000. (C) *Termination of payment.—* — A victim’s total aggregate recovery pursuant to this section shall not exceed the full amount of the victim’s demonstrated losses. After the victim has received restitution in the full amount of the victim’s losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victi

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2264 — Restitution

**(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 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; (F) veterinary services relating to physical care for the victim’s pet, service animal, emotional support animal, or horse; and (G) 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) Victim Defined.—** For purposes of th

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2327 — Mandatory restitution

**(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

18 U.S.C. § 3013 — Special assessment on convicted persons

**(a)** The court shall assess on any person convicted of an offense against the United States— (1) in the case of an infraction or a misdemeanor— (A) if the defendant is an individual— (i) the amount of $5 in the case of an infraction or a class C misdemeanor; (ii) the amount of $10 in the case of a class B misdemeanor; and (iii) the amount of $25 in the case of a class A misdemeanor; and (B) if the defendant is a person other than an individual— (i) the amount of $25 in the case of an infraction or a class C misdemeanor; (ii) the amount of $50 in the case of a class B misdemeanor; and (iii) the amount of $125 in the case of a class A misdemeanor; (2) in the case of a felony— (A) the amount of $100 if the defendant is an individual; and (B) the amount of $400 if the defendant is a person other than an individual. **(b)** Such amount so assessed shall be collected in the manner that fines are collected in criminal cases. **(c)** The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition. **(d)** For the purposes of this section, an offense under [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section13&num=0&edition=prelim) is an offense against the United States.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3556 — Order of restitution

The court, in imposing a sentence on a defendant who has been found guilty of an offense shall order restitution in accordance with section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3563 — Conditions of probation

**(a) Mandatory Conditions.—** The court shall provide, as an explicit condition of a sentence of probation— (1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; (2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b); (3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance; (4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant; (5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3572 — Imposition of a sentence of fine and related matters

**(a) Factors To Be Considered.—** In determining whether to impose a fine, and the amount, time for payment, and method of payment of a fine, the court shall consider, in addition to the factors set forth in section 3553(a)— (1) the defendant’s income, earning capacity, and financial resources; (2) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose; (3) any pecuniary loss inflicted upon others as a result of the offense; (4) whether restitution is ordered or made and the amount of such restitution; (5) the need to deprive the defendant of illegally obtained gains from the offense; (6) the expected costs to the government of any imprisonment, supervised release, or probation component of the sentence; (7) whether the defendant can pass on to consumers or other persons the expense of the fine; and (8) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense. **(b) Fine Not to Impair Ability to Make Restitution.—** If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, other than the United States, the court shall impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution. **(c) Effect of Finality of Judgment.—** Notwithstanding the fact that a sentenc

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3611 — Payment of a fine or restitution

A person who is sentenced to pay a fine, assessment, or restitution, shall pay the fine, assessment, or restitution (including any interest or penalty), as specified by the Director of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner provided for under [section 604(a)(18) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/18&num=0&edition=prelim), United States Code.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3612 — Collection of unpaid fine or restitution

**(a) Notification of Receipt and Related Matters.—** The clerk or the person designated under [section 604(a)(18) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/18&num=0&edition=prelim) shall notify the Attorney General of each receipt of a payment with respect to which a certification is made under subsection (b), together with other appropriate information relating to such payment. The notification shall be provided— (1) in such manner as may be agreed upon by the Attorney General and the Director of the Administrative Office of the United States Courts; and (2) within 15 days after the receipt or at such other time as may be determined jointly by the Attorney General and the Director of the Administrative Office of the United States Courts. If the fifteenth day under paragraph (2) is a Saturday, Sunday, or legal public holiday, the clerk, or the person designated under [section 604(a)(18) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/18&num=0&edition=prelim), shall provide notification not later than the next day that is not a Saturday, Sunday, or legal public holiday. **(b) Information to be Included in Judgment; Judgment to be Transmitted to Attorney General.—** (1) A judgment or order imposing, modifying, or remitting a fine or restitution order of more than $100 shall include— (A) the name, social security account number, mailing address, and residence address of the defendant; (B) the docket number of the case; (C) the original amount of the fine or restitution order and the amount that is due and unpaid; (D) the schedule of payments (if other than immediate payment is permitted under section 3572(d)); (E) a description of any modification or remi

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