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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,".
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