PRIA, Government Policy, Made Personal

Summary

If a person is convicted of a crime about obscene material, they must give the United States any ownership interest in the illegal materials; any money or property that are the crime's profits or can be traced to those profits; and any property used or meant to be used to commit or help the crime. The rules in 21 U.S.C. 853 (except subsections (a) and (d)) apply to the criminal forfeiture, and the property can also be taken in a civil case under the procedures in chapter 46.

Title 18, §1467

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Property Subject to Criminal Forfeiture.—

A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in— (1)

(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.

(b)The provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).

(c)Any property subject to forfeiture pursuant to subsection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a)(3). Pub. L. 109–248, § 505(a)(1), substituted period at end for “, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense.” Subsecs. (b) to (n). Pub. L. 109–248, § 505(a)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) to (n) 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, bar on intervention, jurisdiction to enter orders, depositions, third party interests,

Construction

of section, and substitute assets. 1990—Subsec. (h)(4). Pub. L. 101–647 substituted “under section 616 of the Tariff Act of 1930” for “in accordance with the provisions of section 1616, title 19, United States Code”.

§1467 Criminal Forfeiture