18 U.S.C. § 2254 — Civil forfeiture

Page 532 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2253 1 So in original. The extra comma probably should follow ‘‘2260 of this chapter’’. 2 So in original. Probably should be ‘‘2251A, 2252,’’. into viewing material constituting obscenity shall be fined under this title and imprisoned for not more than 10 years. (b) MINORS.—Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title and im- prisoned for not more than 20 years. (c) CONSTRUCTION.—For the purposes of this section, a word or digital image that clearly in- dicates the sexual content of the site, such as ‘‘sex’’ or ‘‘porn’’, is not misleading. (d) DEFINITIONS.—As used in this section— (1) the terms ‘‘material that is harmful to minors’’ and ‘‘sex’’ have the meaning given such terms in section 2252B; and (2) the term ‘‘source code’’ means the com- bination of text and other characters com- prising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional content, as well as any successor languages or protocols. (Added Pub. L. 109–248, title VII, § 703(a), July 27, 2006, 120 Stat. 648.) § 2253. Criminal forfeiture (a) PROPERTY SUBJECT TO CRIMINAL FOR- FEITURE.—A person who is convicted of an of- fense under this chapter involving a visual de- piction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter or who is convicted of an offense under section 2252B of this chap- ter,,1 or who is convicted of an offense under chapter 109A, shall forfeit to the United States such person’s interest in— (1) any visual depiction described in section 2251, 2251A, or 2252 2 2252A, 2252B, or 2260 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which con- tains any such visual depiction, which was produced, transported, mailed, shipped or re- ceived in violation 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 or any property traceable to such property. (b) Section 413 of the Controlled Substances Act (21 U.S.C. 853) with the exception of sub- sections (a) and (d), applies to the criminal for- feiture of property pursuant to subsection (a). (Added Pub. L. 98–292, § 6, May 21, 1984, 98 Stat. 205; amended Pub. L. 100–690, title VII, § 7522(c), Nov. 18, 1988, 102 Stat. 4494; Pub. L. 101–647, title XXXV, § 3564, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103–322, title XXXIII, § 330011(m)(1), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 105–314, title VI, § 602, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 109–248, title V, § 505(b), (c), July 27, 2006, 120 Stat. 630.) Editorial Notes PRIOR PROVISIONS A prior section 2253 was redesignated section 2256 of this title. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–248, § 505(b)(1), inserted ‘‘or who is convicted of an offense under section 2252B of this chapter,’’ after ‘‘2260 of this chapter’’ and sub- stituted ‘‘an offense under chapter 109A’’ for ‘‘an of- fense under section 2421, 2422, or 2423 of chapter 117’’ in introductory provisions. Subsec. (a)(1). Pub. L. 109–248, § 505(b)(2), inserted ‘‘2252A, 2252B, or 2260’’ after ‘‘2252’’. Subsec. (a)(3). Pub. L. 109–248, § 505(b)(3), inserted ‘‘or any property traceable to such property’’ before period at end. Subsecs. (b) to (o). Pub. L. 109–248, § 505(c), added sub- sec. (b) and struck out former subsecs. (b) to (o) which related, respectively, to third party transfers, protec- tive orders, warrant of seizure, order of forfeiture, exe- cution of order, disposition of property, authority of Attorney General, applicability of civil forfeiture pro- visions, bar on intervention, jurisdiction to enter or- ders, depositions, third party interests, construction of section, and substitute assets. 1998—Subsec. (a). Pub. L. 105–314 substituted ‘‘2252, 2252A, or 2260 of this chapter, or who is convicted of an offense under section 2421, 2422, or 2423 of chapter 117,’’ for ‘‘or 2252 of this chapter’’. 1994—Subsec. (a). Pub. L. 103–322, § 330011(m)(1), amended directory language of Pub. L. 101–647, § 3564(1). See 1990 Amendment note below. 1990—Subsec. (a). Pub. L. 101–647, § 3564(1), as amended by Pub. L. 103–322, § 330011(m)(1), substituted ‘‘section 2251’’ for ‘‘sections 2251’’ in introductory provisions and in par. (1). Subsec. (h)(4). Pub. L. 101–647, § 3564(2), 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’’. 1988—Pub. L. 100–690 amended section generally, sub- stituting subsecs. (a) to (o) for former subsecs. (a) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–322, title XXXIII, § 330011(m), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990. § 2254. Civil forfeiture Any property subject to forfeiture pursuant to section 2253 may be forfeited to the United States in a civil case in accordance with the pro- cedures set forth in chapter 46. (Added Pub. L. 98–292, § 6, May 21, 1984, 98 Stat. 205; amended Pub. L. 99–500, § 101(m) [title II, § 201(a), (c)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–314, and Pub. L. 99–591, § 101(m) [title II, § 201(a), (c)], Oct. 30, 1986, 100 Stat. 3341–308, 3341–314; Pub. L. 100–690, title VII, § 7522(c), Nov. 18, 1988, 102 Stat. 4498; Pub. L. 101–647, title XX, § 2003, title XXXV, § 3565, Nov. 29, 1990, 104 Stat. 4855, 4928; Pub. L. 103–322, title XXXIII, § 330011(m)(2), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 105–314, title VI, § 603, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 106–185, § 2(c)(4), Apr. 25, 2000, 114 Stat. 211; Pub. L. 107–273, div. B, title IV, § 4003(a)(6), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 109–248, title V, § 505(d), July 27, 2006, 120 Stat. 630.) Page 533 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2255 Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2006—Pub. L. 109–248 amended section generally. Prior to amendment, section related to civil forfeiture of cer- tain types of property described in this chapter and laws applicable to civil forfeiture proceedings. 2002—Subsec. (a)(3). Pub. L. 107–273 struck out comma before period at end. 2000—Subsec. (a)(2), (3). Pub. L. 106–185 struck out be- fore period at end ‘‘, except that no property shall be forfeited under this paragraph, to the extent of the in- terest of an owner, by reason of any act or omission es- tablished by that owner to have been committed or omitted without the knowledge or consent of that owner’’. 1998—Subsec. (a)(2). Pub. L. 105–314, § 603(1), sub- stituted ‘‘2252, 2252A, or 2260 of this chapter, or used or intended to be used to commit or to promote the com- mission of an offense under section 2421, 2422, or 2423 of chapter 117,’’ for ‘‘or 2252 of this chapter’’. Subsec. (a)(3). Pub. L. 105–314, § 603(2), substituted ‘‘2252, 2252A, or 2260 of this chapter, or obtained from a violation of section 2421, 2422, or 2423 of chapter 117,’’ for ‘‘or 2252 of this chapter’’. 1994—Subsec. (f). Pub. L. 103–322, § 330011(m)(2), amended directory language of Pub. L. 101–647, § 3565(3)(A). See 1990 Amendment note below. 1990—Subsec. (a)(1) to (3). Pub. L. 101–647, § 3565(1), substituted ‘‘section 2251’’ for ‘‘sections 2251’’. Subsec. (e). Pub. L. 101–647, § 3565(2), inserted heading. Subsec. (f). Pub. L. 101–647, § 3565(3)(A), as amended by Pub. L. 103–322, § 330011(m)(2), substituted ‘‘section’’ for ‘‘subchapter’’ after ‘‘forfeited under this’’ in two places in concluding provisions. Subsec. (f)(1). Pub. L. 101–647, § 3565(3)(B), substituted ‘‘under section 616 of the Tariff Act of 1930’’ for ‘‘pursu- ant to section 1616 of title 19’’. Subsec. (f)(2). Pub. L. 101–647, § 2003, inserted ‘‘, by public sale or any other commercially feasible means,’’ after ‘‘sell’’. 1988—Pub. L. 100–690 amended section generally, sub- stituting subsecs. (a) to (i) for former subsecs. (a) to (d). 1986—Pub. L. 99–500 and Pub. L. 99–591 amended sec- tion identically, inserting ‘‘, and any property, real or personal, tangible or intangible, which was used or in- tended to be used, in any manner or part, to facilitate a violation of this chapter’’ in subsec. (a)(1), sub- stituting ‘‘Attorney General or the Postal Service’’ for ‘‘Attorney General’’ in subsec. (b), and adding subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–322, title XXXIII, § 330011(m), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990. § 2255. Civil remedy for personal injuries (a) IN GENERAL.—Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury oc- curred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such per- son sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate. (b) STATUTE OF LIMITATIONS.—There shall be no time limit for the filing of a complaint com- mencing an action under this section. (c) VENUE; SERVICE OF PROCESS.— (1) VENUE.—Any action brought under sub- section (a) may be brought in the district court of the United States that meets applica- ble requirements relating to venue under sec- tion 1391 of title 28. (2) SERVICE OF PROCESS.—In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74; amended Pub. L. 105–314, title VI, § 605, Oct. 30, 1998, 112 Stat. 2984; Pub. L. 109–248, title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650; Pub. L. 113–4, title XII, § 1212(a), Mar. 7, 2013, 127 Stat. 143; Pub. L. 115–126, title I, § 102, Feb. 14, 2018, 132 Stat. 319; Pub. L. 117–176, § 2, Sept. 16, 2022, 136 Stat. 2108.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS A prior section 2255 was renumbered section 2256 of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–176 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘Any action commenced under this sec- tion shall be barred unless the complaint is filed— ‘‘(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of— ‘‘(A) the violation that forms the basis for the claim; or ‘‘(B) the injury that forms the basis for the claim; or ‘‘(2) not later than 10 years after the date on which the victim reaches 18 years of age.’’ 2018—Subsec. (a). Pub. L. 115–126, § 102(1), added sub- sec. (a) and struck out former subsec. (a) which related to civil remedy for personal injuries in general. Subsec. (b). Pub. L. 115–126, § 102(2), substituted ‘‘filed—’’ for ‘‘filed within 10 years after the right of ac- tion first accrues or in the case of a person under a legal disability, not later than three years after the disability.’’ and added pars. (1) and (2). Subsec. (c). Pub. L. 115–126, § 102(3), added subsec. (c). 2013—Subsec. (a). Pub. L. 113–4, § 1212(a)(1), sub- stituted ‘‘section 1589, 1590, 1591, 2241(c)’’ for ‘‘section 2241(c)’’. Subsec. (b). Pub. L. 113–4, § 1212(a)(2), substituted ‘‘10 years’’ for ‘‘six years’’. 2006—Subsec. (a). Pub. L. 109–248, § 707(b), inserted heading, inserted ‘‘, regardless of whether the injury occurred while such person was a minor,’’ after ‘‘such violation’’, and substituted ‘‘Any person who, while a