18-U.S.C.-1467

18-U.S.C.-1467

§1467 – Criminal Forfeiture

Pathway

Title 18 > Part I > Chapter 71 > Section 1467

Details

  • Reference: Section 1467
  • Legend: §1467 – Criminal Forfeiture
  • USCode Year: 2013

Provision Content

(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 persons 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.

(Added Pub. L. 100–690, title VII, §7522(a), Nov. 18, 1988, 102 Stat. 4490; amended Pub. L. 101–647, title XXXV, §3549, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 109–248, title V, §505(a), July 27, 2006, 120 Stat. 629.)

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.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-112 in the Legal Encyclopedia: Criminal Law

In this entry about 18-U.S.C.-112, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.

18-U.S.C.-1466 in the Legal Encyclopedia: Crimes

In this entry about 18-U.S.C.-1466, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.

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