18-U.S.C.-1593
§1593 – Mandatory Restitution
Pathway
Title 18 > Part I > Chapter 77 > Section 1593
Details
- Reference: Section 1593
- Legend: §1593 – Mandatory Restitution
- USCode Year: 2013
Provision Content
(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 victims 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 victims losses has the same meaning as provided in section 2259(b)(3) and shall in addition include the greater of the gross income or value to the defendant of the victims services or labor or the value of the victims 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 victims 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.
(Added Pub. L. 106–386, div. A, §112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, §221(1), Dec. 23, 2008, 122 Stat. 5067.)
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, as amended, 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
2008—Subsec. (b)(4). Pub. L. 110–457 added par. (4).
U.S. Encyclopedia of Law Coverage
18-U.S.C.-1544 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-1544, 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.-1591 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-1591, 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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