U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

18 U.S.C. § 2253

Criminal forfeiture

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(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,,11 So in original. The extra comma probably should follow “2260 of this chapter”. 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 22 So in original. Probably should be “2251A, 2252,”. 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).(Added Pub. L. 98–292, § 6, May 21, 1984, 98 Stat. 205; amended Pub. L. 100–690, title VII, § 7522(c), Nov. 18, 1988, 102 Stat. 4494; Pub. L. 101–647, title XXXV, § 3564, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103–322, title XXXIII, § 330011(m)(1), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 105–314, title VI, § 602, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 109–248, title V, § 505(b), (c), July 27, 2006, 120 Stat. 630.)Editorial NotesPrior Provisions

A prior section 2253 was redesignated section 2256 of this title.

Amendments

2006—Subsec. (a). Pub. L. 109–248, § 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, § 505(b)(2), inserted “2252A, 2252B, or 2260” after “2252”.

Subsec. (a)(3). Pub. L. 109–248, § 505(b)(3), inserted “or any property traceable to such property” before period at end.

Subsecs. (b) to (o). Pub. L. 109–248, § 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, § 330011(m)(1), amended directory language of Pub. L. 101–647, § 3564(1). See 1990 Amendment note below.

1990—Subsec. (a). Pub. L. 101–647, § 3564(1), as amended by Pub. L. 103–322, § 330011(m)(1), substituted “section 2251” for “sections 2251” in introductory provisions and in par. (1).

Subsec. (h)(4). Pub. L. 101–647, § 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).

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Pub. L. 103–322, title XXXIII, § 330011(m), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990.

Notes of Decisions
Cited in 199 cases (10 in the last 5 years), 1983–2025 · leading case: Am. Library Ass'n, Appellants/cross-Appellees v. William P. Barr, Attorney Gen. of the United States, Appellees/cross-Appellants, 956 F.2d 1178 (D.C. Cir. 1992).
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Am. Library Ass'n, Appellants/cross-Appellees v. William P. Barr, Attorney Gen. of the United States, Appellees/cross-Appellants, 956 F.2d 1178 (D.C. Cir. 1992). · cites it 8× ““Producing” meant manufacturing or issuing “for pecuniary profit.” “Sexually explicit conduct” comprehended five categories of activity: sexual intercourse, bestiality, masturbation, sado-masochistic abuse, and “lewd” exhibition of the genitals or pubic area.”
United States v. Parcel of Rumson, NJ, Land, 507 U.S. 111 (1993). · cites it 4× “III) (criminal RICO forfeitures); 18 U. S. C. § 2253 (1988 ed. and Supp. III) (criminal forfeitures for sexual exploitation of children).”
United States v. Jalaram, Inc., 599 F.3d 347 (4th Cir. 2010). · cites it 6× “18 U.S.C. § 2253 (a) (2000) (amended 2006) (emphases added).”
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). · cites it 2× “§ 2252A(a)(5)(B), and one count of forfeiture under 18 U.S.C. § 2253 (a) which requires defendants convicted of child pornography offenses to relinquish all rights to the computer on which the pornography was found.”
United States v. Huckins, 529 F.3d 1312 (10th Cir. 2008). · cites it 2× “§ 2252 (a)(4)(B), and one count of criminal forfeiture, 18 U.S.C. § 2253 (a)(3). Although the applicable United States Sentencing Guidelines ("U.”
United States v. Justin Gladding, 775 F.3d 1149 (9th Cir. 2014). · cites it 3× “The indictment included allegations that Gladding’s electronic storage devices, including three computers and other hard drives, were subject to forfeiture under 18 U.S.C. § 2253 because they contained child pornography.”
United States v. Mervyn Harold Cross A/K/A Eric Cross, & Robert Carter Lodge, 928 F.2d 1030 (11th Cir. 1991). · cites it 2× “However, even if they had raised such an argument, we would still affirm their convictions on this count.”
United States v. Chance Rearden, 349 F.3d 608 (9th Cir. 2003). “§ 2252A(a)(l), and criminal forfeiture, 18 U.S.C. § 2253 (a)(3). The parties waived a jury trial, and the district court found Rearden guilty of shipping child pornography and not guilty of the remaining charges.”
United States v. Lee, 502 F.3d 447 (6th Cir. 2007). · cites it 2× “§ 2423 (b), and one count of forfeiture allegations under 18 U.S.C. § 2253 . On December 12, 2005, Lee pled guilty to the first count and consented to the forfeiture contained in the third count.”
State v. Flegel, 261 P.3d 519 (Idaho 2011). · cites it 2× “Because that is the limit of its present scope, the Idaho Legislature may decide to rewrite § 18-6607 so that it complies with constitutional minimums of due process; if so the Court refers that body to 18 U.S.C. § 2253 (1978) as a guide: *522 (2) "sexually explicit conduct"…”
United States v. Shafer, 573 F.3d 267 (6th Cir. 2009). · cites it 2× “§ 2251 (a), and consented to the forfeiture allegation under 18 U.S.C. §§ 2253 (a)(1) and (a)(3) expressed in count six.”
United States v. Shafer, 557 F.3d 440 (6th Cir. 2009). · cites it 4× “§ 2251 (a) and his agreement to a forfeiture demand pursuant to 18 U.S.C. §§ 2253 (a)(1) and *442 (a)(3).”
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— 18 U.S.C. § 2253(a) — 1 case
Buchanan v. United States Bureau of Prisons, 133 F. App'x 465 (10th Cir. 2005).
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