Title 18 — Crimes and Criminal ProcedureRelease 119-73

§229B Criminal forfeitures; destruction of weapons

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 11B— - CHEMICAL WEAPONS › § 229B

Last updated Apr 6, 2026|Official source

Summary

Anyone convicted under section 229A(a) must give up to the U.S. government any property tied to that crime: things they owned, used, or had in their possession connected to the offense; anything they got from the crime; and any property used to commit or help commit the crime. The steps for taking, holding, and deciding what happens to that property follow the rules in 21 U.S.C. 853(b)–(p), with the cross-references in those rules treated as pointing to section 229A(a) and to subsection (a) here. Before formal charges are filed, a court can issue a temporary order without notice if the government shows good reason to believe the property would have to be given up on conviction and there is urgent danger to life or health. If the court issues that order, it must also issue a warrant to seize the property, and the timing rules in 21 U.S.C. 853(e)(2)–(3) apply. A person can defend against forfeiture by proving the property is for a lawful purpose under the Chemical Weapons Convention and is the right type and amount for that purpose. The Attorney General must arrange for destruction or other proper disposal of seized chemical weapons and may ask other agencies for help. The owner or possessor must pay any costs from the seizure, storage, transport, or destruction.

Full Legal Text

Title 18, §229B

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Any person convicted under section 229A(a) shall forfeit to the United States irrespective of any provision of State law—

(1)any property, real or personal, owned, possessed, or used by a person involved in the offense;

(2)any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and

(3)any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.

(b)(1)Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to—

(A)“this subchapter or subchapter II” shall be deemed to be a reference to section 229A(a); and

(B)“subsection (a)” shall be deemed to be a reference to subsection (a) of this section.

(2)(A)For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.

(B)If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property.

(C)The procedures and time limits applicable to temporary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to temporary restraining orders under this paragraph.

(c)It is an affirmative defense against a forfeiture under subsection (b) that the property—

(1)is for a purpose not prohibited under the Chemical Weapons Convention; and

(2)is of a type and quantity that under the circumstances is consistent with that purpose.

(d)The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section.

(e)The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section.

(f)The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.

Reference

Citations & Metadata

Citation

18 U.S.C. § 229B

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73