Title 18Crimes and Criminal ProcedureRelease 119-73

§2429 Mandatory restitution

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 117— - TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES › § 2429

Last updated Apr 6, 2026|Official source

Summary

Courts must order restitution for any crime in this chapter, in addition to any other punishments. The judge will make the defendant pay the victim the full amount of the victim’s losses (as defined in section 2259(b)(3)). If the victim was forced into commercial sex acts (see section 1591), the defendant must also pay whichever is larger: the defendant’s gross income from those acts or the value of the services. Restitution orders are issued and enforced as set out in section 3664. Property forfeiture follows section 413 of the Controlled Substances Act (except subsection (d)). Victim means the person harmed. If the victim is under 18, unable to act, or dead, a legal guardian, estate representative, family member, or other court-appointed person can act for them, but not the defendant.

Full Legal Text

Title 18, §2429

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 under paragraph (3), and shall additionally require the defendant to pay the greater of the gross income or value to the defendant of the victim’s services, if the services constitute 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 section shall be governed by the provisions of section 413 (other than subsection (d) of such section) 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, incompetent, 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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2429

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73