18 U.S.C. § 2429 — Mandatory restitution

Page 625 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2441 (Added Pub. L. 105–314, title I, § 105(a), Oct. 30, 1998, 112 Stat. 2977; amended Pub. L. 118–31, div. E, title LI, § 5102(e), Dec. 22, 2023, 137 Stat. 935.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 inserted ‘‘does not require inter- personal physical contact, and’’ before ‘‘includes’’. § 2428. Forfeitures (a) IN GENERAL.—The court, in imposing sen- tence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States— (1) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commis- sion of such violation; and (2) any property, real or personal, consti- tuting or derived from any proceeds that such person obtained, directly or indirectly, as a re- sult of such violation. (b) PROPERTY SUBJECT TO FORFEITURE.— (1) IN GENERAL.—The following shall be sub- ject to forfeiture to the United States and no property right shall exist in them: (A) Any property, real or personal, used or intended to be used to commit or to facili- tate the commission of any violation of this chapter. (B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter. (2) APPLICABILITY OF CHAPTER 46.—The provi- sions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection. (Added Pub. L. 109–164, title I, § 103(d)(1), Jan. 10, 2006, 119 Stat. 3563.) § 2429. Mandatory restitution (a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal pen- alty authorized by law, the court shall order res- titution for any offense under this chapter. (b)(1) The order of restitution under this sec- tion 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 under paragraph (3), and shall addi- tionally require the defendant to pay the great- er of the gross income or value to the defendant of the victim’s services, if the services con- stitute commercial sex acts as defined under section 1591. (2) 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) As used in this subsection, the term ‘‘full amount of the victim’s losses’’ has the same meaning as provided in section 2259(b)(3). (c) The forfeiture of property under this sec- tion shall be governed by the provisions of sec- tion 413 (other than subsection (d) of such sec- tion) of the Controlled Substances Act (21 U.S.C. 853). (d) As used in this section, the term ‘‘victim’’ means the individual harmed as a result 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 a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian. (Added Pub. L. 115–392, § 3(a), Dec. 21, 2018, 132 Stat. 5251.) CHAPTER 118—WAR CRIMES Sec. 2441. War crimes. 2442. Recruitment or use of child soldiers. Editorial Notes AMENDMENTS 2008—Pub. L. 110–340, § 2(a)(3)(A), Oct. 3, 2008, 122 Stat. 3736, added item 2442. 1996—Pub. L. 104–294, title VI, § 605(p)(2), Oct. 11, 1996, 110 Stat. 3510, redesignated item 2401 as 2441. § 2441. War crimes (a) OFFENSE.—Whoever, whether inside or out- side the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death. (b) JURISDICTION.—There is jurisdiction over an offense described in subsection (a) if— (1) the offense occurs in whole or in part within the United States; or (2) regardless of where the offense occurs— (A) the victim or offender is— (i) a national of the United States or an alien lawfully admitted for permanent res- idence; or (ii) a member of the Armed Forces of the United States, regardless of nationality; or (B) the offender is present in the United States, regardless of the nationality of the victim or offender. (c) DEFINITION.—As used in this section the term ‘‘war crime’’ means any conduct— (1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such conven- tion to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Re- specting the Laws and Customs of War on Land, signed 18 October 1907; (3) which constitutes a grave breach of com- mon Article 3 (as defined in subsection (d)) when committed in the context of and in asso- ciation with an armed conflict not of an inter- national character; or (4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other De- vices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol,