18-U.S.C.-2253

18-U.S.C.-2253

§2253 – Criminal Forfeiture

Pathway

Title 18 > Part I > Chapter 110 > Section 2253

Details

  • Reference: Section 2253
  • Legend: §2253 – Criminal Forfeiture
  • USCode Year: 2013

Provision Content

(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 persons interest in—

(1) any visual depiction described in section 2251, 2251A, or 2252  2252A, 2252B, or 2260 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was 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 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).

(Added Pub. L. 98–292, §6, May 21, 1984, 98 Stat. 205; amended Pub. L. 100–690, title VII, §7522(c), Nov. 18, 1988, 102 Stat. 4494; Pub. L. 101–647, title XXXV, §3564, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103–322, title XXXIII, §330011(m)(1), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 105–314, title VI, §602, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 109–248, title V, §505(b), (c), July 27, 2006, 120 Stat. 630.)

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 sections 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).

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.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-209 in the Legal Encyclopedia: Criminal Law

In this entry about 18-U.S.C.-209, 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.-223 in the Legal Encyclopedia: Crimes

In this entry about 18-U.S.C.-223, 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.

15-U.S.C.-6555 in the Legal Encyclopedia: Family Law

In this entry about 15-U.S.C.-6555, find legal reference material, bibliographies and premiere content related to family law in the American Encyclopedia of Law, presenting a comprehensive view of the United States family law-specific issues, written by authorities in the field.

Chapter 39A – Special Packaging of Household Substances For Protection of Children in the Legal Encyclopedia: Children

In this entry about Chapter 39A – Special Packaging of Household Substances For Protection of Children, find legal reference material, bibliographies and premiere content related to children in the American Encyclopedia of Law, presenting a comprehensive view of the United States children-specific issues, written by authorities in the field.

Topic Map


Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *