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U.S.C. Title 18 - Crimes and Criminal
Procedure Part I - Crimes Chapter 109A - Sexual Abuse.
Section 2248. Mandatory restitution (1/5/99)
(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.
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