PRIA, Government Policy, Made Personal

Summary

Courts must order defendants to pay restitution for any crime under this chapter, in addition to any other penalties. The defendant must pay the victim the full losses the court decides. Orders are issued and enforced under section 3664, like orders under section 3663A. "Full amount of the victim’s losses" follows section 2259(c)(2) and also includes whichever is larger: the gross income or value the defendant got from the victim’s work, or the value of that work under the Fair Labor Standards Act (29 U.S.C. 201 et seq.). Property forfeiture follows section 413 of the Controlled Substances Act (21 U.S.C. 853) except subsection (d). Victim means the person harmed. If the victim is under 18, incompetent, incapacitated, or deceased, it can mean a legal guardian, estate representative, a family member, or someone the court appoints — but never the defendant.

Title 18, §1593

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties 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) of this subsection.

(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(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).

(4)The forfeiture of property under this subsection 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).

(c)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act, referred to in subsec. (b)(3), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–299 substituted “section 2259(c)(2)” for “section 2259(b)(3)”. 2008—Subsec. (b)(4). Pub. L. 110–457 added par. (4).

§1593 Mandatory Restitution