U.S. Code
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Title 18
» Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 201— GENERAL PROVISIONS
18 U.S.C. § 3013
Special assessment on convicted persons
(a) The court shall assess on any person convicted of an offense against the United States—(1) in the case of an infraction or a misdemeanor—(A) if the defendant is an individual—(i) the amount of $5 in the case of an infraction or a class C misdemeanor;(ii) the amount of $10 in the case of a class B misdemeanor; and(iii) the amount of $25 in the case of a class A misdemeanor; and(B) if the defendant is a person other than an individual—(i) the amount of $25 in the case of an infraction or a class C misdemeanor;(ii) the amount of $50 in the case of a class B misdemeanor; and(iii) the amount of $125 in the case of a class A misdemeanor;(2) in the case of a felony—(A) the amount of $100 if the defendant is an individual; and(B) the amount of $400 if the defendant is a person other than an individual.(b) Such amount so assessed shall be collected in the manner that fines are collected in criminal cases.(c) The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition.(d) For the purposes of this section, an offense under section 13 of this title is an offense against the United States.(Added Pub. L. 98–473, title II, § 1405(a), Oct. 12, 1984, 98 Stat. 2174; amended Pub. L. 100–185, § 3, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, §§ 7082(b), 7085, Nov. 18, 1988, 102 Stat. 4407, 4408; Pub. L. 101–647, title XXXV, § 3569, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 104–132, title II, § 210, Apr. 24, 1996, 110 Stat. 1240; Pub. L. 104–294, title VI, § 601(r)(4), Oct. 11, 1996, 110 Stat. 3502.)Editorial NotesAmendments1996—Subsec. (a)(2). Pub. L. 104–294 struck out “not less than” before “$100” in subpar. (A) and before “$400” in subpar. (B).
Pub. L. 104–132 substituted “not less than $100” for “$50” in subpar. (A) and “not less than $400” for “$200” in subpar. (B).
1990—Subsec. (a)(1)(B). Pub. L. 101–647 substituted “an infraction” for “a infraction” in cl. (i) and a semicolon for a period at end of cl. (iii).
1988—Subsec. (a)(1). Pub. L. 100–690, § 7085, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “in the case of a misdemeanor—
“(A) the amount of $25 if the defendant is an individual; and
“(B) the amount of $100 if the defendant is a person other than an individual; and”.
Subsec. (c). Pub. L. 100–690, § 7082(b), inserted at end “This subsection shall apply to all assessments irrespective of the date of imposition.”
1987—Subsecs. (c), (d). Pub. L. 100–185 added subsecs. (c) and (d).
Statutory Notes and Related SubsidiariesEffective Date of 1996 AmendmentAmendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.
Effective DateSection effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98–473, set out as a note under section 20101 of Title 34, Crime Control and Law Enforcement.
Notes of Decisions
United States v. Munoz-Flores, 495 U.S. 385 (1990).
· cites it 6× “This case raises the question whether 18 U. S. C. § 3013 , which requires courts to impose a monetary "special assessment" on any person convicted of a federal misdemeanor, was passed in violation of the Origination Clause of the Constitution.”
Rutledge v. United States, 517 U.S. 292 (1996).
· cites it 3× “Pursuant to 18 U. S. C. § 3013 , petitioner was also ordered to pay a special assessment of $50 on each count.”
United States v. Jeremy Kelley, 861 F.3d 790 (8th Cir. 2017).
· cites it 3× “The statute uses the phrase “shall assess,” which mirrors the “shall assess” language of 18 U.S.C. § 3013 — a statute that requires a non-discretionary special assessment for the Crime Victims Fund.”
United States v. Jose Pacheco-Alvarado, 782 F.3d 213 (5th Cir. 2015).
· cites it 6× “The PSR stated that de la Cruz was subject to a mandatory special assessment of $100 for each of the five counts of conviction; 4 statutory maximum fines of $1,000,000 for one of the counts, 5 1 18 U.S.C. § 3013 . 2 Id. at § 3563(a). 3 U.”
United States v. Edward Tholl, 895 F.2d 1178 (7th Cir. 1990).
· cites it 8× “Tholl also was charged $50 under the special penalty assessment provision of 18 U.S.C. § 3013 . On appeal, Mr. Tholl renews several objections to his sentence imposed under the Sentencing Guidelines and challenges the guidelines on constitutional grounds.”
Dhinsa v. Krueger, 917 F.3d 70 (2d Cir. 2019).
· cites it 2× “See 18 U.S.C. § 3013 (a) (specifying the amount of money courts "shall assess on any person convicted of an offense against the United States").”
United States v. David Diehl, 848 F.3d 629 (5th Cir. 2017).
· cites it 4× “Pursuant to 18 U.S.C. §§ 3013 and 3571, Diehl was also ordered to pay criminal monetary penalties consisting of a $1000 special assessment and a $1000 fine.”
United States v. Jabree Williams, 974 F.3d 320 (3rd Cir. 2020).
· cites it 2× “The Rowe error therefore did not affect the Defendants’ substantial rights regarding the $100 assessment for felony convictions pursuant to 18 U.S.C. § 3013 (a)(2)(A). See United States v.”
United States v. Dustin Randall, 34 F.4th 867 (9th Cir. 2022).
· cites it 5× “The panel explained that § 3014(a) works in conjunction with 18 U.S.C. § 3013 , to which § 3014 is closely related in terms of text, purpose, and statutory structure; and observed that every circuit court has interpreted § 3013’s assessment on a person “convicted of an offense”…”
United States v. Gary Graves, 908 F.3d 137 (5th Cir. 2018).
· cites it 2× “See 18 U.S.C. §§ 3013 (a)(2)(A), 3014(a)(3). The additional $5,000 special assessment must be imposed on any non-indigent person who commits certain offenses, including offenses related to sexually exploiting children.”
United States v. Patrick Wandahsega, 924 F.3d 868 (6th Cir. 2019).
“The JVTA provides that, in addition to the standard special assessment against those convicted of felonies under 18 U.S.C. § 3013 , "the court shall assess an amount of $ 5,000 on any non-indigent person or entity convicted of an offense under .”
United States v. Bramley, 847 F.3d 1 (1st Cir. 2017).
· cites it 2× “In the end, the court imposed the mandatory $100 special assessment, see 18 U.S.C. § 3013 (a)(2)(A), and waived any fine.”
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