§2264 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Courts must order a person convicted of an offense under this chapter to pay restitution to the victim, on top of any other penalties. The court will decide the victim’s total losses and direct the defendant to pay that full amount. The order is issued and enforced under section 3664 in the same way as orders under section 3663A. Losses include things like medical care, therapy or rehab, needed travel, short-term housing and child care, lost wages, attorneys’ fees and costs to get a civil protection order, veterinary care for the victim’s animal, and any other direct losses caused by the crime. The court cannot refuse to order restitution, even if the defendant is poor or the victim has insurance or other compensation. A “victim” means the person harmed by the crime. If the victim is under 18, incompetent, incapacitated, or dead, a guardian, estate representative, family member, or another court-appointed person can act for the victim, but never the defendant.

Title 18, §2264

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)(1)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 victim’s losses as determined by the court pursuant to paragraph (2).

(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)For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim 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)(A)The issuance of a restitution order under this section is mandatory.

(B)A court may not decline to issue an order under this section because of—

(i)the economic circumstances of the defendant; or

(ii)the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.

(c)For purposes of this section, 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, incompetent, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (b)(3)(F), (G). Pub. L. 115–334 added subpar. (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 restitution 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 enforced 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 defendant in determining schedule of payment of restitution 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 compensation, and condition of probation or supervised release. Subsec. (c). Pub. L. 104–132, § 205(d)(3), (4), added subsec. (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 sentencing, the United States Attorney (or such Attorney’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 object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit.” 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 addition to punishment.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings 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.

§2264 Restitution