PRIA, Government Policy, Made Personal

Summary

If someone is convicted under this chapter for an offense involving a visual depiction listed in sections 2251, 2251A, 2252, 2252A, 2252B, or 2260, or is convicted under chapter 109A, they must give up any ownership or rights to: the images or any books, magazines, films, videotapes, or other materials that contain those images if those items were produced, moved, mailed, shipped, or received illegally; any property (real or personal) that is the gross profits or other proceeds from the crime; and any property (real or personal) used or meant to be used to commit or promote the crime, or property that can be traced back to those items. The rules in 21 U.S.C. 853 (section 413 of the Controlled Substances Act), except subsections (a) and (d), apply to these criminal forfeitures.

Title 18, §2253

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Property Subject to Criminal Forfeiture.—

A person who is convicted of an offense under this chapter involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter or who is convicted of an offense under section 2252B of this chapter,, or who is convicted of an offense under chapter 109A, 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 or any property traceable to such property.

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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2253 was redesignated section 2256 of this title.

Amendments

2006—Subsec. (a). Pub. L. 109–248, § 505(b)(1), inserted “or who is convicted of an offense under section 2252B of this chapter,” after “2260 of this chapter” and substituted “an offense under chapter 109A” for “an offense under section 2421, 2422, or 2423 of chapter 117” in introductory provisions. Subsec. (a)(1). Pub. L. 109–248, § 505(b)(2), inserted “2252A, 2252B, or 2260” after “2252”. Subsec. (a)(3). Pub. L. 109–248, § 505(b)(3), inserted “or any property traceable to such property” before period at end. Subsecs. (b) to (o). Pub. L. 109–248, § 505(c), added subsec. (b) and struck out former subsecs. (b) to (o) 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, applicability of civil forfeiture provisions, bar on intervention, jurisdiction to enter orders, depositions, third party interests,

Construction

of section, and substitute assets. 1998—Subsec. (a). Pub. L. 105–314 substituted “2252, 2252A, or 2260 of this chapter, or who is convicted of an offense under section 2421, 2422, or 2423 of chapter 117,” for “or 2252 of this chapter”. 1994—Subsec. (a). Pub. L. 103–322, § 330011(m)(1), amended directory language of Pub. L. 101–647, § 3564(1). See 1990 Amendment note below. 1990—Subsec. (a). Pub. L. 101–647, § 3564(1), as amended by Pub. L. 103–322, § 330011(m)(1), substituted “section 2251” for “section 2251” in introductory provisions and in par. (1). Subsec. (h)(4). Pub. L. 101–647, § 3564(2), substituted “under section 616 of the Tariff Act of 1930” for “in accordance with the provisions of section 1616, title 19, United States Code”. 1988—Pub. L. 100–690 amended section generally, substituting subsecs. (a) to (o) for former subsecs. (a) to (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–322, title XXXIII, § 330011(m), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990.

§2253 Criminal Forfeiture