CITE
18 USC Sec. 2253 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
HEAD
Sec. 2253. Criminal forfeiture
STATUTE
(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,,(!1) or who is convicted of an offense under
chapter 109A, shall forfeit to the United States such person's
interest in -
(1) any visual depiction described in section 2251, 2251A, or
2252 (!2) 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).
SOURCE
(Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended
Pub. L. 100-690, title VII, Sec. 7522(c), Nov. 18, 1988, 102 Stat.
4494; Pub. L. 101-647, title XXXV, Sec. 3564, Nov. 29, 1990, 104
Stat. 4928; Pub. L. 103-322, title XXXIII, Sec. 330011(m)(1), Sept.
13, 1994, 108 Stat. 2145; Pub. L. 105-314, title VI, Sec. 602, Oct.
30, 1998, 112 Stat. 2982; Pub. L. 109-248, title V, Sec. 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, Sec. 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, Sec. 505(b)(2), inserted "2252A,
2252B, or 2260" after "2252".
Subsec. (a)(3). Pub. L. 109-248, Sec. 505(b)(3), inserted "or any
property traceable to such property" before period at end.
Subsecs. (b) to (o). Pub. L. 109-248, Sec. 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, Sec. 330011(m)(1), amended
directory language of Pub. L. 101-647, Sec. 3564(1). See 1990
Amendment note below.
1990 - Subsec. (a). Pub. L. 101-647, Sec. 3564(1), as amended by
Pub. L. 103-322, Sec. 330011(m)(1), substituted "section 2251" for
"sections 2251" in introductory provisions and in par. (1).
Subsec. (h)(4). Pub. L. 101-647, Sec. 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
Section 330011(m) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of Nov. 29, 1990.
FOOTNOTE
(!1) So in original. The extra comma probably should follow "2260 of
this chapter".
(!2) So in original. Probably should be "2251A, 2252,".