18 U.S.C. § 2327 Mandatory Restitution

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-22 with Court Rules updates (published on www.congress.gov on 12/01/2023)

(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 to all victims of any offense for which an enhanced penalty is provided under section 2326.

(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" means all 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) VICTIM DEFINED.-In this section, the term "victim" has the meaning given that term in section 3663A(a)(2).

Cite as 18 U.S.C. § 2327

Source: Added Pub. L. 103-322, title XXV, §250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 104-132, title II, §205(e), Apr. 24, 1996, 110 Stat. 1232; Pub. L. 104-294, title VI, §601(n), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 105-184, §5, June 23, 1998, 112 Stat. 520.

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

1998-Subsec. (a). Pub. L. 105-184, §5(1), substituted "to all victims of any offense for which an enhanced penalty is provided under section 2326" for "for any offense under this chapter".

Subsec. (c). Pub. L. 105-184, §5(2), added subsec. (c) and struck out former subsec. (c) which read as follows:

"(c) DEFINITION.-For purposes of this section, the term 'victim' includes the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is 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."