§2253 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A person convicted of an offense under sections 2251, 2251A, 2252, 2252A, 2252B, 2260, or under chapter 109A must give up to the United States any interest they have in three kinds of things. First, any visual image or any book, film, magazine, videotape, or other material that contains such an image if it was made, sent, shipped, or received in violation of the law. Second, any property that is the gross profit or other money gained from the crime. Third, any property used or meant to be used to commit or help commit the crime, or property that can be traced back to that property. Most of the rules in section 413 of the Controlled Substances Act (21 U.S.C. 853) apply to these criminal forfeitures, except for parts (a) and (d).

Title 18, §2253

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A person who is convicted of an offense under this chapter involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter or who is convicted of an offense under section 2252B of this chapter,,11 So in original. The extra comma probably should follow “2260 of this chapter”. 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 22 So in original. Probably should be “2251A, 2252,”. 2252A, 2252B, or 2260 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of this chapter;

(2)any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and

(3)any property, real or personal, used or intended 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 subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subsection (a).

Notes & Related Subsidiaries

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 substituted “an offense under chapter 109A” for “an offense 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 subsec. (b) and struck out former subsecs. (b) to (o) which related, respectively, to third party transfers, protective orders, warrant of seizure, order of forfeiture, execution of order, disposition of property, authority of Attorney General, applicability of civil forfeiture provisions, bar on intervention, jurisdiction to enter orders, 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 “section 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 accordance with the provisions of section 1616, title 19, United States Code”. 1988—Pub. L. 100–690 amended section generally, substituting 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.

§2253 Criminal forfeiture