§ 2248. Mandatory restitution
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/usc/title-18/section-2248A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In General.— Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
(b)Scope and Nature of Order.—
(1)Directions.— The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2)Enforcement.— 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)Definition.— For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
(A)medical services relating to physical, psychiatric, or psychological care;
(B)physical and occupational therapy or rehabilitation;
(C)necessary transportation, temporary housing, and child care expenses;
(D)lost income;
(E)attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and
(F)any other losses suffered by the victim as a proximate result of the offense.
(4)Order mandatory.—
(A)The issuance of a restitution order under this section is mandatory.
(B)A court may not decline to issue an order under this section because of—
(i)the economic circumstances of the defendant; or
(ii)the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
(c)Definition.— For purposes of this section, the term “victim” means the individual harmed as a result of a commission 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 representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.
(Added Pub. L. 103–322, title IV, § 40113(a)(1), Sept. 13, 1994, 108 Stat. 1904; amended Pub. L. 104–132, title II, § 205(b), Apr. 24, 1996, 110 Stat. 1231.)
Connections20 cite this · traces to 1
Cited by 20 sections
U.S. Code
- § 3551Authorized sentences
- § 3563Conditions of probation
- § 3663Order of restitution
- § 2259Mandatory restitution
- § 3013Special assessment on convicted persons
- § 3613Civil remedies for satisfaction of an unpaid fine
- § 3556Order of restitution
- § 3664Procedure for issuance and enforcement of order of restitution
- § 3572Imposition of a sentence of fine and related matters
- § 3663AMandatory restitution to victims of certain crimes
- § 3611Payment of a fine or restitution
- § 3612Collection of unpaid fine or restitution
- § 3614Resentencing upon failure to pay a fine or restitution
- § 2264Restitution
- § 2327Mandatory restitution
- § 3613AEffect of default
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- Pub. L. 103–322, title IV, § 40113(a)(1)
- 108 Stat. 1904
- Pub. L. 104–132, title II, § 205(b)
- 110 Stat. 1231
- Pub. L. 104–132, § 205(b)(1)
- Pub. L. 104–132, § 205(b)(2)(A)
- Pub. L. 104–132, § 205(b)(2)(B)
- Pub. L. 104–132, § 205(b)(2)(C)
- Pub. L. 104–132, § 205(b)(2)(D)
- Pub. L. 104–132, § 205(b)(3)
- Pub. L. 104–132, § 205(b)(4)
- Pub. L. 104–132, title II, § 211
- 110 Stat. 1241
- Pub. L. 104–132
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§ 2248
Mandatory restitution
U.S.C.×16
Fed. Reg.×2
Stat. Comp.×1
Stat.×1
Pub. L.Pub. L. 103–322, title IV, § 40113(a)(1)
Stat.108 Stat. 1904
Pub. L.Pub. L. 104–132, title II, § 205(b)
Stat.110 Stat. 1231
Pub. L.Pub. L. 104–132, § 205(b)(1)
Cites 15 · showing 6Cited by 20 across 4 sources