§1467 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A person convicted of an offense involving obscene material must give up to the United States any interest in three things: the illegal obscene material itself; any property that is or can be traced to gross profits or other proceeds from the crime; and any property used or intended to be used to commit or promote the crime. Most rules in section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsections (a) and (d), apply to this criminal forfeiture. Property that can be forfeited under subsection (a) may also be taken in a civil case using the procedures in chapter 46 of this title.

Title 18, §1467

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)any obscene material 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.

(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