18 U.S.C. § 2264 — Restitution

Page 553 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2264 ‘‘(1) CROSSING A STATE LINE.—A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that— ‘‘(A)(i) violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued; or ‘‘(ii) would violate this subparagraph if the conduct occurred in the jurisdiction in which the order was issued; and ‘‘(B) subsequently engages in such conduct, shall be punished as provided in subsection (b). ‘‘(2) CAUSING THE CROSSING OF A STATE LINE.—A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud, and, in the course or as a re- sult of that conduct, intentionally commits an act that injures the person’s spouse or intimate partner in vio- lation of a valid protection order issued by a State shall be punished as provided in subsection (b).’’ 1996—Subsec. (a)(1)(A)(ii). Pub. L. 104–294 substituted ‘‘violate this subparagraph’’ for ‘‘violate subparagraph (A)’’. Subsec. (b)(1) to (3). Pub. L. 104–201 substituted ‘‘vic- tim’’ for ‘‘offender’s spouse or intimate partner’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of this title. § 2263. Pretrial release of defendant In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard re- garding the danger posed by the defendant. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928.) § 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 vic- tim’s losses as determined by the court pursu- ant 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 sub- section, the term ‘‘full amount of the victim’s losses’’ includes any costs incurred by the vic- tim 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 manda- tory. (B) A court may not decline to issue an order under this section because of— (i) the economic circumstances of the de- fendant; or (ii) the fact that a victim has, or is enti- tled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. (c) VICTIM DEFINED.—For purposes of this sec- tion, 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, incom- petent, 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. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928; amended Pub. L. 104–132, title II, § 205(d), Apr. 24, 1996, 110 Stat. 1231; Pub. L. 115–334, title XII, § 12502(a)(3), Dec. 20, 2018, 132 Stat. 4983.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(3)(F), (G). Pub. L. 115–334 added sub- par. (F) and redesignated former subpar. (F) as (G). 1996—Subsec. (a). Pub. L. 104–132, § 205(d)(1), inserted ‘‘or 3663A’’ after ‘‘3663’’. Subsec. (b)(1). Pub. L. 104–132, § 205(d)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The order of restitution under this section shall direct that— ‘‘(A) the defendant 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 (3); and ‘‘(B) the United States Attorney enforce the res- titution order by all available and reasonable means.’’ Subsec. (b)(2). Pub. L. 104–132, § 205(d)(2)(B), struck out ‘‘by victim’’ after ‘‘Enforcement’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘An order of restitution also may be en- forced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.’’ Subsec. (b)(4)(C), (D). Pub. L. 104–132, § 205(d)(2)(C), struck out subpars. (C) and (D), which related to court’s consideration of economic circumstances of de- fendant in determining schedule of payment of restitu- tion orders, and court’s entry of nominal restitution awards where economic circumstances of defendant do not allow for payment of restitution, respectively. Subsec. (b)(5) to (10). Pub. L. 104–132, § 205(d)(2)(D), struck out pars. (5) to (10), which related, respectively, to more than 1 offender, more than 1 victim, payment schedule, setoff, effect on other sources of compensa- tion, and condition of probation or supervised release. Page 554 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2265 1 So in original. Probably should not be capitalized. Subsec. (c). Pub. L. 104–132, § 205(d)(3), (4), added sub- sec. (c) and struck out former subsec. (c) which read as follows: ‘‘AFFIDAVIT.—Within 60 days after conviction and, in any event, not later than 10 days before sen- tencing, the United States Attorney (or such Attor- ney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim ob- ject to any of the information included in the affidavit, the United States Attorney (or the delegate) shall ad- vise the victim that the victim may file a separate affi- davit and assist the victim in the preparation of the af- fidavit.’’ Subsecs. (d) to (g). Pub. L. 104–132, § 205(d)(3), struck out subsecs. (d) to (g), which related, respectively, to objection, additional documentation and testimony, final determination of losses, and restitution in addi- tion to punishment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing pro- ceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title. § 2265. Full faith and credit given to protection orders (a) FULL FAITH AND CREDIT.—Any protection order issued that is consistent with subsection (b) of this section by the court of one State, In- dian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory 1 as if it were the order of the enforcing State or tribe. (b) PROTECTION ORDER.—A protection order issued by a State, tribal, or territorial court is consistent with this subsection if— (1) such court has jurisdiction over the par- ties and matter under the law of such State, Indian tribe, or territory; and (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that per- son’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time re- quired by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the re- spondent’s due process rights. (c) CROSS OR COUNTER PETITION.—A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or inti- mate partner is not entitled to full faith and credit if— (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. (d) NOTIFICATION AND REGISTRATION.— (1) NOTIFICATION.—A State, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory shall not notify or require notifi- cation of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order. (2) NO PRIOR REGISTRATION OR FILING AS PRE- REQUISITE FOR ENFORCEMENT.—Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or terri- torial jurisdiction. (3) LIMITS ON INTERNET PUBLICATION OF REG- ISTRATION INFORMATION.—A State, Indian tribe, or territory shall not make available publicly on the Internet any information re- garding the registration, filing of a petition for, or issuance of a protection order, restrain- ing order, or injunction in either the issuing or enforcing State, tribal or territorial juris- diction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, In- dian tribe, or territory may share court-gen- erated and law enforcement-generated infor- mation contained in secure, governmental reg- istries for protection order enforcement pur- poses. The prohibition under this paragraph applies to all protection orders for the protec- tion of a person residing within a State, terri- torial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe. (e) TRIBAL COURT JURISDICTION.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, includ- ing the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1930; amended Pub. L. 106–386, div. B, title I, § 1101(b)(4), Oct. 28, 2000, 114 Stat. 1493; Pub. L. 109–162, title I, § 106(a)–(c), Jan. 5, 2006, 119 Stat. 2981, 2982; Pub. L. 109–271, § 2(n), Aug. 12, 2006, 120 Stat. 754; Pub. L. 113–4, title IX, § 905, Mar. 7, 2013, 127 Stat. 124; Pub. L. 117–103, div. W, title I, § 106, Mar. 15, 2022, 136 Stat. 851.) Editorial Notes AMENDMENTS 2022—Subsec. (d)(3). Pub. L. 117–103 struck out ‘‘re- straining order or injunction,’’ after ‘‘a protection order,’’ and inserted at end ‘‘The prohibition under this paragraph applies to all protection orders for the pro- tection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe.’’ 2013—Subsec. (e). Pub. L. 113–4 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text