Title 34, NavyRelease 119-110
§12113 Aimee’s Law
Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 121 — VIOLENT CRIME CONTROL AND LAW ENFORCEMENT › SUBCHAPTER I — PRISONS › Part A — Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants › § 12113
Summary
Allows a State to ask the Attorney General for money when the State convicts someone of murder, rape, or a dangerous sexual offense and that person has a prior conviction for one of those crimes in another State. The State can apply for $10,000 for arrest and trial costs and $22,500 per year (up to 5 years) for prison costs, with both amounts adjusted each year for inflation. “Dangerous sexual offense,” “murder,” and “rape” are defined in the law (briefly: a dangerous sexual offense is a State crime like certain federal sex crimes; murder and rape follow the FBI’s Uniform Crime Reports meanings). To get the money, the State’s chief executive must send an application and certification to the Attorney General. The funds come from reducing the State’s federal law-enforcement assistance under section 10156 of this title, and the Attorney General will set a payment schedule with the State’s chief executive. The law does not reduce court-ordered restitution. It does not apply if the prior conviction was overturned and the person released before the later conviction. The Attorney General must study how the law works and report to Congress by October 1, 2006, and must collect yearly data on convictions and repeat offenders starting in 2002, with specific reports due within six months after January 5, 2006, by October 1, 2007 and each October 1 after that, and regular reports at least every five years. The law took effect January 1, 2002.
Full Legal Text
Title 34, §12113
Navy, Source: USLM XML via OLRC
(a)Short title
This section may be cited as “Aimee’s Law”.
(b)Definitions
Pursuant to regulations promulgated by the Attorney General hereunder, in this section: (1) Dangerous sexual offense
(2)Murder
The term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(3)Rape
The term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(c)Penalty
(1)Single State
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
(2)Multiple States
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
(3)State described
Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless—
(A)the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or
(B)with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
(d)State applications
In order to receive an amount under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State.
(e)Source of funds
(1)In general
Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 10156 of this title that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31
(2)Payment schedule
The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule.
(f)Construction
Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.
(g)Exception
Pursuant to regulations promulgated by the Attorney General hereunder, this section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c).
(h)Report
The Attorney General shall—
(1)conduct a study evaluating the implementation of this section; and
(2)not later than October 1, 2006, submit to Congress a report on the results of that study.
(i)Collection of recidivism data
(1)In general
Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State (where practicable)—
(A)the number of convictions during that calendar year for—
(i)any dangerous sexual offense;
(ii)rape; and
(iii)murder; and
(B)the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph.
(2)Report
The Attorney General shall submit to Congress—
(A)a report, by not later than 6 months after January 5, 2006, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;
(B)a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and
(C)reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).
(j)Effective date
This section shall take effect on January 1, 2002.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 13713 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. January 5, 2006, referred to in subsec. (i)(2)(A), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 109–162, which enacted subsec. (i)(2) of this section, to reflect the probable intent of Congress. Section was enacted as Aimee’s Law and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of the Violent Crime Control and Law
Enforcement
Act of 1994 which enacted this chapter.
Amendments
2006—Subsec. (b). Pub. L. 109–162, § 1170(1), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, in this section” for “In this section” in introductory provisions. Subsec. (c)(1). Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, in any case” for “In any case”, “a criminal-records-reporting State” for “a State” the first place appearing, and “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law
Enforcement
assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law
Enforcement
assistance funds of the State that convicted that individual of the subsequent offense”. Subsec. (c)(2). Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, in any case” for “In any case”, “a criminal-records-reporting State” for “a State”, and “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law
Enforcement
assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law
Enforcement
assistance funds of the State that convicted that individual of the subsequent offense”. Subsec. (c)(3). Pub. L. 109–162, § 1170(1), (3)(A), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, a State” for “A State” and “unless” for “if” in introductory provisions. Subsec. (c)(3)(A). Pub. L. 109–162, § 1170(3)(B)(iii), (C), inserted “not” before “less” and struck out “convicted by the State is” after “as applicable, was”. Pub. L. 109–162, § 1170(3)(B)(ii), which directed amendment of par. (3) by striking “individuals convicted of the offense for which,” was executed by striking “individuals convicted of the offense for which” after “imposed by the State on” to reflect the probable intent of Congress, because there was no comma after “which”. Pub. L. 109–162, § 1170(3)(B)(i), which directed that “average” be struck out, was executed by striking out “average” the first place appearing, after “(A) the”, to reflect the probable intent of Congress. Subsec. (c)(3)(B). Pub. L. 109–162, § 1170(3)(C), inserted “not” before “less”. Subsec. (d). Pub. L. 109–162, § 1170(4), struck out “transferred” after “receive an amount”. Subsec. (e)(1). Pub. L. 109–271 substituted “section 3755” for “section 3756”. Pub. L. 109–162, § 1170(1), (4), (5), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, any amount” for “Any amount transferred”, inserted “pursuant to section 3756 of this title” before “that convicted”, inserted “No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31” at end, and struck out former last sentence which read as follows: “The Attorney General shall provide the State with an opportunity to select the specific Federal law
Enforcement
assistance funds to be so reduced (other than Federal crime victim assistance funds).” Subsec. (g). Pub. L. 109–162, § 1170(1), substituted “Pursuant to
Regulations
promulgated by the Attorney General hereunder, this section does not apply” for “This section does not apply”. Subsec. (i)(1). Pub. L. 109–162, § 1170(6), substituted “State (where practicable)” for “State” in introductory provisions. Subsec. (i)(2). Pub. L. 109–162, § 1170(7), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include— “(A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and “(B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year.”
Reference
Citations & Metadata
Citation
34 U.S.C. § 12113
Title 34, Navy
Last Updated
Sep 23, 2026
Release point: 119-110