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18 U.S.C. § 1593 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1593. Mandatory restitution

Current as of January 01, 2024 | Updated by FindLaw Staff

(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 victim's 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 victim's losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim's services or labor or the value of the victim's 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 victim's 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.

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Cite this article: FindLaw.com - 18 U.S.C. § 1593 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1593. Mandatory restitution - last updated January 01, 2024 | https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-1593.html

Read this complete 18 U.S.C. § 1593 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1593. Mandatory restitution on Westlaw

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