U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 71— OBSCENITY

18 U.S.C. § 1467

Criminal forfeiture

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(a)Property Subject to Criminal Forfeiture.—A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in—(1) any obscene material 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.(b) The provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).(c) Any property subject to forfeiture pursuant to subsection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.(Added Pub. L. 100–690, title VII, § 7522(a), Nov. 18, 1988, 102 Stat. 4490; amended Pub. L. 101–647, title XXXV, § 3549, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 109–248, title V, § 505(a), July 27, 2006, 120 Stat. 629.)Editorial NotesAmendments

2006—Subsec. (a)(3). Pub. L. 109–248, § 505(a)(1), substituted period at end for “, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense.”

Subsecs. (b) to (n). Pub. L. 109–248, § 505(a)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) to (n) 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, bar on intervention, jurisdiction to enter orders, depositions, third party interests, construction of section, and substitute assets.

1990—Subsec. (h)(4). Pub. L. 101–647 substituted “under section 616 of the Tariff Act of 1930” for “in accordance with the provisions of section 1616, title 19, United States Code”.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1989–2021 · leading case: American Library Association, Appellants/cross-Appellees v. William P. Barr, Attorney General of the United States, Appe
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American Library Association, Appellants/cross-Appellees v. William P. Barr, Attorney General of the United States, Appe (1992) cadc · cites it 24× “The 1988 Act also added 18 U.S.C. § 1467 , a criminal forfeiture section applicable to the obscenity offenses set forth in 18 U.”
American Library Ass'n v. Thornburgh (1989) dcd · cites it 14× “7522, 18 U.S.C. §§ 1467 , 2253, 2254). The Court deals with each in turn.”
United States v. Parcel of Rumson, NJ, Land (1993) scotus · cites it 2× “See 18 U. S. C. § 1467 (criminal forfeitures for obscenity); 18 U.”
United States v. California Publishers Liquidating Corp. (1991) txnd · cites it 8× “By the present motion, the Government asks the Court to order forfeit real and personal properties belonging to the Defendants pursuant to 18 U.S.C. § 1467 . For the reasons given below, the Court concludes that the Government's motion should be DENIED.”
United States v. $11,500.00 in United States Currency (2017) ca9 · cites it 2× “, 18 U.S.C. § 1467 (a)(3) (providing for forfeiture of any property “used or intended to be used to commit or to promote the commission of [a federal offense involving obscene materials]”); id.”
United States v. Investment Enterprises, Inc. (1993) ca5 · cites it 9× “After the jury returned its guilty verdicts and pursuant to the forfeiture provision of 18 U.S.C. § 1467 (a)(3) (1988), the government sought forfeiture of substantial assets of the defendants, but the district court exercised its discretion under § 1467(a)(3) and refused to…”
United States v. Carmichael (2003) ca5 “§ 3554 (“The court, in imposing a sentence on a defendant who has been found guilty of [certain offenses,] shall order .”
United States v. Robert Alan Thomas (94-6648) and Carleen Thomas (94-6649) (1996) ca6 “Thomas only (Count 11), and one count of forfeiture under 18 U.S.C. § 1467 (Count 12). Both Defendants were represented by the same retained counsel, Mr.”
United States v. Tomo Razmilovic, David E. Nachman, Kenneth Jaeggi, Movant-Appellant (2005) ca2 “§ 853 (e) (pretrial restraint in drug cases); 18 U.S.C. § 1467 (c) (pretrial restraint in obscenity cases); 18 U.”
Property Clerk, New York City Police Department v. Small (1992) nysupct · cites it 2× “[racketeering, RICO]; 18 USC § 1467 [obscene materials]; 21 USC § 881 [a] [drugs]).”
United States v. Pryba (1990) ca4 “The forfeiture provided by 18 U.S.C. § 1467 does not violate the First Amendment even though certain materials, books and magazines, that are forfeited, may not be obscene and, in other circumstances, would have constitutional protection as free expression.”
Commonwealth v. Shirley (2004) kyctapp “1993) (holding that under 18 U.S.C. § 1467 (a)(3), district court retains discretion whether to order forfeiture of unindicted videos used to promote obscene items, after having first found the unindicted videos "subject to forfeiture”); Carlisle v.”
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— 18 U.S.C. § 1467(g) — 1 case
American Library Ass'n v. Thornburgh (1989) dcd “7522, 18 U.S.C. §§ 1467 , 2253, 2254). The Court deals with each in turn.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.