US (United States) Code. Title 18. Chapter 109A: Sexual abuse

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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publicidad

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18 USC CHAPTER 109A - SEXUAL ABUSE 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

.

-HEAD-

CHAPTER 109A - SEXUAL ABUSE

-MISC1-

Sec.

2241. Aggravated sexual abuse.

2242. Sexual abuse.

2243. Sexual abuse of a minor or ward.

2244. Abusive sexual contact.

2245. Sexual abuse resulting in death.

2246. Definitions for chapter.

2247. Repeat offenders.

2248. Mandatory restitution.

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical chapters 109A.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-322, title IV, Sec. 40111(c), 40113(a)(2),

title VI, Sec. 60010(b), Sept. 13, 1994, 108 Stat. 1903, 1907,

1973, redesignated item 2245 as 2246 and added items 2245, 2247,

and 2248.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 1153, 2251, 2252,

2252A, 2260, 2261, 2262, 2423, 2426, 3156, 3185, 3592, 3663, 4042

of this title; title 20 section 1152; title 42 sections 3796gg-2,

13713, 13943, 14135a; title 46 section 10104; title 49 section

46506.

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18 USC Sec. 2241 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2241. Aggravated sexual abuse

-STATUTE-

(a) By Force or Threat. - Whoever, in the special maritime and

territorial jurisdiction of the United States or in a Federal

prison, knowingly causes another person to engage in a sexual act -

(1) by using force against that other person; or

(2) by threatening or placing that other person in fear that

any person will be subjected to death, serious bodily injury, or

kidnapping;

or attempts to do so, shall be fined under this title, imprisoned

for any term of years or life, or both.

(b) By Other Means. - Whoever, in the special maritime and

territorial jurisdiction of the United States or in a Federal

prison, knowingly -

(1) renders another person unconscious and thereby engages in a

sexual act with that other person; or

(2) administers to another person by force or threat of force,

or without the knowledge or permission of that person, a drug,

intoxicant, or other similar substance and thereby -

(A) substantially impairs the ability of that other person to

appraise or control conduct; and

(B) engages in a sexual act with that other person;

or attempts to do so, shall be fined under this title, imprisoned

for any term of years or life, or both.

(c) With Children. - Whoever crosses a State line with intent to

engage in a sexual act with a person who has not attained the age

of 12 years, or in the special maritime and territorial

jurisdiction of the United States or in a Federal prison, knowingly

engages in a sexual act with another person who has not attained

the age of 12 years, or knowingly engages in a sexual act under the

circumstances described in subsections (a) and (b) with another

person who has attained the age of 12 years but has not attained

the age of 16 years (and is at least 4 years younger than the

person so engaging), or attempts to do so, shall be fined under

this title, imprisoned for any term of years or life, or both. If

the defendant has previously been convicted of another Federal

offense under this subsection, or of a State offense that would

have been an offense under either such provision had the offense

occurred in a Federal prison, unless the death penalty is imposed,

the defendant shall be sentenced to life in prison.

(d) State of Mind Proof Requirement. - In a prosecution under

subsection (c) of this section, the Government need not prove that

the defendant knew that the other person engaging in the sexual act

had not attained the age of 12 years.

-SOURCE-

(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3620,

and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3660; amended

Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108

Stat. 2150; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title

I, Sec. 121(7(b))), Sept. 30, 1996, 110 Stat. 3009, 3009-26,

3009-31; Pub. L. 105-314, title III, Sec. 301(a), Oct. 30, 1998,

112 Stat. 2978.)

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2241.

-MISC3-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-314 substituted ''younger than

the person so engaging'' for ''younger than that person''.

1996 - Subsec. (c). Pub. L. 104-208 reenacted heading without

change and amended text generally. Prior to amendment, text read

as follows: ''Whoever, in the special maritime and territorial

jurisdiction of the United States or in a Federal prison, knowingly

engages in a sexual act with another person who has not attained

the age of 12 years, or attempts to do so, shall be fined under

this title, imprisoned for any term of years or life, or both.''

1994 - Subsec. (a)(2). Pub. L. 103-322 substituted ''kidnapping''

for ''kidnaping''.

EFFECTIVE DATE

Section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654

provided, respectively, that: ''This section and the amendments

made by this section (see Short Title note below) shall take effect

30 days after the date of the enactment of this Act (Nov. 10,

1986).'' and ''This Act and the amendments made by this Act (see

Short Title note below) shall take effect 30 days after the date of

the enactment of this Act (Nov. 14, 1986).''

SHORT TITLE OF 1996 AMENDMENT

Section 101(a) (title I, Sec. 121(7(a))) of Pub. L. 104-208

provided that: ''This section (probably means subsec. 7 of section

121 of Pub. L. 104-208, div. A, title I, Sec. 101(a), which

amended sections 2241 and 2243 of this title) may be cited as the

'Amber Hagerman Child Protection Act of 1996'.''

SHORT TITLE

Section 87(a) of Pub. L. 99-646 and section 1 of Pub. L. 99-654

provided, respectively, that: ''This section (enacting this

chapter, amending sections 113, 1111, 1153, and 3185 of this title,

sections 300w-3, 300w-4, and 9511 of Title 42, The Public Health

and Welfare, and section 1472 of former Title 49, Transportation,

and repealing chapter 99 of this title) may be cited as the 'Sexual

Abuse Act of 1986'.'' and ''This Act (enacting this chapter,

amending sections 113, 1111, 1153, and 3185 of this title, sections

300w-3, 300w-4, and 9511 of Title 42, and section 1472 of former

Title 49, Transportation, and repealing chapter 99 of this title)

may be cited as the 'Sexual Abuse Act of 1986'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2119, 2244, 2255, 3486,

3559, 5032 of this title; title 42 sections 14071, 14072, 14135a.

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18 USC Sec. 2242 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2242. Sexual abuse

-STATUTE-

Whoever, in the special maritime and territorial jurisdiction of

the United States or in a Federal prison, knowingly -

(1) causes another person to engage in a sexual act by

threatening or placing that other person in fear (other than by

threatening or placing that other person in fear that any person

will be subjected to death, serious bodily injury, or

kidnapping); or

(2) engages in a sexual act with another person if that other

person is -

(A) incapable of appraising the nature of the conduct; or

(B) physically incapable of declining participation in, or

communicating unwillingness to engage in, that sexual act;

or attempts to do so, shall be fined under this title, imprisoned

not more than 20 years, or both.

-SOURCE-

(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621,

and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended

Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108

Stat. 2150.)

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2242.

-MISC3-

AMENDMENTS

1994 - Par. (1). Pub. L. 103-322 substituted ''kidnapping'' for

''kidnaping''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2119, 2244, 2255, 3486,

3559 of this title; title 42 sections 14071, 14135a.

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18 USC Sec. 2243 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2243. Sexual abuse of a minor or ward

-STATUTE-

(a) Of a Minor. - Whoever, in the special maritime and

territorial jurisdiction of the United States or in a Federal

prison, knowingly engages in a sexual act with another person who -

(1) has attained the age of 12 years but has not attained the

age of 16 years; and

(2) is at least four years younger than the person so engaging;

or attempts to do so, shall be fined under this title, imprisoned

not more than 15 years, or both.

(b) Of a Ward. - Whoever, in the special maritime and territorial

jurisdiction of the United States or in a Federal prison, knowingly

engages in a sexual act with another person who is -

(1) in official detention; and

(2) under the custodial, supervisory, or disciplinary authority

of the person so engaging;

or attempts to do so, shall be fined under this title, imprisoned

not more than one year, or both.

(c) Defenses. - (1) In a prosecution under subsection (a) of this

section, it is a defense, which the defendant must establish by a

preponderance of the evidence, that the defendant reasonably

believed that the other person had attained the age of 16 years.

(2) In a prosecution under this section, it is a defense, which

the defendant must establish by a preponderance of the evidence,

that the persons engaging in the sexual act were at that time

married to each other.

(d) State of Mind Proof Requirement. - In a prosecution under

subsection (a) of this section, the Government need not prove that

the defendant knew -

(1) the age of the other person engaging in the sexual act; or

(2) that the requisite age difference existed between the

persons so engaging.

-SOURCE-

(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621,

and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended

Pub. L. 101-647, title III, Sec. 322, Nov. 29, 1990, 104 Stat.

4818; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I, Sec.

121(7(c))), Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub.

L. 105-314, title III, Sec. 301(b), Oct. 30, 1998, 112 Stat. 2979.)

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.

-MISC3-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-314 struck out ''crosses a State

line with intent to engage in a sexual act with a person who has

not attained the age of 12 years, or'' after ''Whoever'' in

introductory provisions.

1996 - Subsec. (a). Pub. L. 104-208 inserted ''crosses a State

line with intent to engage in a sexual act with a person who has

not attained the age of 12 years, or'' after ''Whoever'' in

introductory provisions.

1990 - Subsec. (a). Pub. L. 101-647 substituted ''15 years'' for

''five years'' in concluding provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2244, 2255, 3486 of this

title; title 42 section 14135a.

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18 USC Sec. 2244 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2244. Abusive sexual contact

-STATUTE-

(a) Sexual Conduct in Circumstances Where Sexual Acts Are

Punished by This Chapter. - Whoever, in the special maritime and

territorial jurisdiction of the United States or in a Federal

prison, knowingly engages in or causes sexual contact with or by

another person, if so to do would violate -

(1) section 2241 of this title had the sexual contact been a

sexual act, shall be fined under this title, imprisoned not more

than ten years, or both;

(2) section 2242 of this title had the sexual contact been a

sexual act, shall be fined under this title, imprisoned not more

than three years, or both;

(3) subsection (a) of section 2243 of this title had the sexual

contact been a sexual act, shall be fined under this title,

imprisoned not more than two years, or both; or

(4) subsection (b) of section 2243 of this title had the sexual

contact been a sexual act, shall be fined under this title,

imprisoned not more than six months, or both.

(b) In Other Circumstances. - Whoever, in the special maritime

and territorial jurisdiction of the United States or in a Federal

prison, knowingly engages in sexual contact with another person

without that other person's permission shall be fined under this

title, imprisoned not more than six months, or both.

(c) Offenses Involving Young Children. - If the sexual contact

that violates this section is with an individual who has not

attained the age of 12 years, the maximum term of imprisonment that

may be imposed for the offense shall be twice that otherwise

provided in this section.

-SOURCE-

(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3622,

and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended

Pub. L. 100-690, title VII, Sec. 7058(a), Nov. 18, 1988, 102 Stat.

4403; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13,

1994, 108 Stat. 2147; Pub. L. 105-314, title III, Sec. 302, Oct.

30, 1998, 112 Stat. 2979.)

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2244.

-MISC3-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-314 added subsec. (c).

1994 - Subsecs. (a)(4), (b). Pub. L. 103-322 substituted ''fined

under this title'' for ''fined not more than $5,000''.

1988 - Subsec. (a). Pub. L. 100-690 substituted ''ten years'' for

''five years'' in par. (1) and ''two years'' for ''one year'' in

par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3559 of this title; title

42 section 14135a.

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18 USC Sec. 2245 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2245. Sexual abuse resulting in death

-STATUTE-

A person who, in the course of an offense under this chapter,

engages in conduct that results in the death of a person, shall be

punished by death or imprisoned for any term of years or for life.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60010(a)(2), Sept. 13, 1994,

108 Stat. 1972.)

-MISC1-

PRIOR PROVISIONS

A prior section 2245 was renumbered section 2246 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14135a.

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18 USC Sec. 2246 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2246. Definitions for chapter

-STATUTE-

As used in this chapter -

(1) the term ''prison'' means a correctional, detention, or

penal facility;

(2) the term ''sexual act'' means -

(A) contact between the penis and the vulva or the penis and

the anus, and for purposes of this subparagraph contact

involving the penis occurs upon penetration, however slight;

(B) contact between the mouth and the penis, the mouth and

the vulva, or the mouth and the anus;

(C) the penetration, however slight, of the anal or genital

opening of another by a hand or finger or by any object, with

an intent to abuse, humiliate, harass, degrade, or arouse or

gratify the sexual desire of any person; or

(D) the intentional touching, not through the clothing, of

the genitalia of another person who has not attained the age of

16 years with an intent to abuse, humiliate, harass, degrade,

or arouse or gratify the sexual desire of any person;

(3) the term ''sexual contact'' means the intentional touching,

either directly or through the clothing, of the genitalia, anus,

groin, breast, inner thigh, or buttocks of any person with an

intent to abuse, humiliate, harass, degrade, or arouse or gratify

the sexual desire of any person;

(4) the term ''serious bodily injury'' means bodily injury that

involves a substantial risk of death, unconsciousness, extreme

physical pain, protracted and obvious disfigurement, or

protracted loss or impairment of the function of a bodily member,

organ, or mental faculty;

(5) the term ''official detention'' means -

(A) detention by a Federal officer or employee, or under the

direction of a Federal officer or employee, following arrest

for an offense; following surrender in lieu of arrest for an

offense; following a charge or conviction of an offense, or an

allegation or finding of juvenile delinquency; following

commitment as a material witness; following civil commitment in

lieu of criminal proceedings or pending resumption of criminal

proceedings that are being held in abeyance, or pending

extradition, deportation, or exclusion; or

(B) custody by a Federal officer or employee, or under the

direction of a Federal officer or employee, for purposes

incident to any detention described in subparagraph (A) of this

paragraph, including transportation, medical diagnosis or

treatment, court appearance, work, and recreation;

but does not include supervision or other control (other than

custody during specified hours or days) after release on bail,

probation, or parole, or after release following a finding of

juvenile delinquency; and

(6) the term ''State'' means a State of the United States, the

District of Columbia, and any commonwealth, possession, or

territory of the United States.

-SOURCE-

(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3622,

Sec. 2245, and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat.

3662, Sec. 2245; renumbered Sec. 2246 and amended Pub. L. 103-322,

title IV, Sec. 40502, title VI, Sec. 60010(a)(1), Sept. 13, 1994,

108 Stat. 1945, 1972; Pub. L. 105-314, title III, Sec. 301(c), Oct.

30, 1998, 112 Stat. 2979.)

-COD-

CODIFICATION

Pub. L. 99-646 and Pub. L. 99-654 added identical sections.

-MISC3-

AMENDMENTS

1998 - Par. (6). Pub. L. 105-314 added par. (6).

1994 - Pub. L. 103-322, Sec. 60010(a)(1), renumbered section 2245

of this title as this section.

Par. (2)(D). Pub. L. 103-322, Sec. 40502, added subpar. (D).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2423 of this title; title

20 sections 6777, 9134; title 42 section 3756; title 47 section

254.

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18 USC Sec. 2247 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2247. Repeat offenders

-STATUTE-

(a) Maximum Term of Imprisonment. - The maximum term of

imprisonment for a violation of this chapter after a prior sex

offense conviction shall be twice the term otherwise provided by

this chapter.

(b) Prior Sex Offense Conviction Defined. - In this section, the

term ''prior sex offense conviction'' has the meaning given that

term in section 2426(b).

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40111(a), Sept. 13, 1994,

108 Stat. 1903; amended Pub. L. 105-314, title III, Sec. 303, Oct.

30, 1998, 112 Stat. 2979.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-314 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Any person who violates a provision of this chapter,

after one or more prior convictions for an offense punishable under

this chapter, or after one or more prior convictions under the laws

of any State relating to aggravated sexual abuse, sexual abuse, or

abusive sexual contact have become final, is punishable by a term

of imprisonment up to twice that otherwise authorized.''

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18 USC Sec. 2248 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109A - SEXUAL ABUSE

-HEAD-

Sec. 2248. Mandatory restitution

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40113(a)(1), Sept. 13, 1994,

108 Stat. 1904; amended Pub. L. 104-132, title II, Sec. 205(b),

Apr. 24, 1996, 110 Stat. 1231.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(b)(1), inserted

''or 3663A'' after ''3663''.

Subsec. (b)(1). Pub. L. 104-132, Sec. 205(b)(2)(A), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: ''The order of restitution under

this section shall direct that -

''(A) the defendant 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 (3); and

''(B) the United States Attorney enforce the restitution order

by all available and reasonable means.''

Subsec. (b)(2). Pub. L. 104-132, Sec. 205(b)(2)(B), struck out

''by victim'' after ''Enforcement'' in heading and amended text

generally. Prior to amendment, text read as follows: ''An order of

restitution also may be enforced by a victim named in the order to

receive the restitution in the same manner as a judgment in a civil

action.''

Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(b)(2)(C),

struck out subpars. (C) and (D), which related to court's

consideration of economic circumstances of defendant in determining

schedule of payment of restitution orders, and court's entry of

nominal restitution awards where economic circumstances of

defendant do not allow for payment of restitution, respectively.

Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(b)(2)(D),

struck out pars. (5) to (10), which related, respectively, to more

than 1 offender, more than 1 victim, payment schedule, setoff,

effect on other sources of compensation, and condition of probation

or supervised release.

Subsec. (c). Pub. L. 104-132, Sec. 205(b)(3), (4), redesignated

subsec. (f) as (c) and struck out former subsec. (c) relating to

proof of claim.

Subsecs. (d), (e). Pub. L. 104-132, Sec. 205(b)(3), struck out

subsecs. (d) and (e) which read as follows:

''(d) Modification of Order. - A victim or the offender may

petition the court at any time to modify a restitution order as

appropriate in view of a change in the economic circumstances of

the offender.

''(e) Reference to Magistrate or Special Master. - The court may

refer any issue arising in connection with a proposed order of

restitution to a magistrate or special master for proposed findings

of fact and recommendations as to disposition, subject to a de novo

determination of the issue by the court.''

Subsec. (f). Pub. L. 104-132, Sec. 205(b)(4), redesignated

subsec. (f) as (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 211 of title II of Pub. L. 104-132 provided that: ''The

amendments made by this subtitle (subtitle A (Sec. 201-211) of

title II of Pub. L. 104-132, see Short Title of 1996 Amendment note

set out under section 3551 of this title) shall, to the extent

constitutionally permissible, be effective for sentencing

proceedings in cases in which the defendant is convicted on or

after the date of enactment of this Act (Apr. 24, 1996).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3563, 3613, 3664 of this

title.

-CITE-