18 U.S.C. § 1467 — Criminal forfeiture

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 property, real or personal, consti- tuting or traceable to gross profits or other proceeds obtained from such offense; and (3) any property, real or personal, used or in- tended to be used to commit or to promote the commission of such offense. (b) The provisions of section 413 of the Con- trolled Substances Act (21 U.S.C. 853), 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 pro- cedures set forth in chapter 46 of this title. (Added Pub. L. 100–690, title VII, § 7522(a), Nov. 18, 1988, 102 Stat. 4490; amended Pub. L. 101–647, title XXXV, § 3549, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 109–248, title V, § 505(a), July 27, 2006, 120 Stat. 629.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(3). Pub. L. 109–248, § 505(a)(1), sub- stituted period at end for ‘‘, if the court in its discre- tion so determines, taking into consideration the na- ture, scope, and proportionality of the use of the prop- erty in the offense.’’ Subsecs. (b) to (n). Pub. L. 109–248, § 505(a)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) to (n) which related, respectively, to third party trans- fers, protective orders, warrant of seizure, order of for- feiture, execution of order, disposition of property, au- thority of Attorney General, bar on intervention, juris- diction to enter orders, depositions, third party inter- ests, construction of section, and substitute assets. 1990—Subsec. (h)(4). Pub. L. 101–647 substituted ‘‘under section 616 of the Tariff Act of 1930’’ for ‘‘in ac- cordance with the provisions of section 1616, title 19, United States Code’’. § 1468. Distributing obscene material by cable or subscription television (a) Whoever knowingly utters any obscene lan- guage or distributes any obscene matter by means of cable television or subscription serv- ices on television, shall be punished by impris- onment for not more than 2 years or by a fine in accordance with this title, or both. (b) As used in this section, the term ‘‘dis- tribute’’ means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. (c) Nothing in this chapter, or the Cable Com- munications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, includ- ing political subdivisions thereof, to regulate the uttering of language that is obscene or oth- erwise unprotected by the Constitution or the distribution of matter that is obscene or other- wise unprotected by the Constitution, of any sort, by means of cable television or subscrip- tion services on television. (Added Pub. L. 100–690, title VII, § 7523(a), Nov. 18, 1988, 102 Stat. 4501.) Editorial Notes REFERENCES IN TEXT The Cable Communications Policy Act of 1984, re- ferred to in subsec. (c), is Pub. L. 98–549, Oct. 30, 1984, 98 Stat. 2779, which is classified principally to sub- chapter V–A (§ 521 et seq.) of chapter 5 of Title 47, Tele- communications. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 609 of Title 47 and Tables. § 1469. Presumptions (a) In any prosecution under this chapter in which an element of the offense is that the mat- ter in question was transported, shipped, or car- ried in interstate commerce, proof, by either cir- cumstantial or direct evidence, that such mat- ter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce. (b) In any prosecution under this chapter in which an element of the offense is that the mat- ter in question was transported, shipped, or car- ried in foreign commerce, proof, by either cir- cumstantial or direct evidence, that such mat- ter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presump- tion that such matter was transported, shipped, or carried in foreign commerce. (Added Pub. L. 100–690, title VII, § 7521(d), Nov. 18, 1988, 102 Stat. 4489.)