§ 2264. Restitution

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Violence Against Women Act of 1994

   Pub. L. 103–322 title IV § 40221(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 2264

   Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928

   Enacted provision · exact public law section
   (a) In General.— Part 1 of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter: “CHAPTER 110A— DOMESTIC VIOLENCE “Sec. 2261. Interstate domestic violence. “Sec. 2262. Interstate violation of protection order. “Sec. 2263. Pretrial release of defendant. “Sec. 2264. Restitution. “Sec. 2265. Full faith and credit given to protection orders. “Sec. 2266. Definitions. “§2261. Interstate domestic violence “(a) Offenses.— “(1) Crossing a state line.— A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing the crossing of a state line.— A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b). “(b) Penalties.— A person who violates this section shall be fined under this title, imprisoned— “(1) for life or any term of years, if death of the offender’s spouse or intimate partner results; “(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender’s spouse or intimate partner results; “(3) for not more than 10 years, if serious bodily injury to the offender’s spouse or intimate partner results or if the offender uses a dangerous weapon during the offense; “(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and “(5) for not more than 5 years, in any other case, or both fined and imprisoned. “§2262. Interstate violation of protection order “(a) Offenses.— “(1) Crossing a state line.— A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that— “(A) (i) violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued; or “(ii) would violate subparagraph (A) if the conduct occurred in the jurisdiction in which the order was issued; and “(B) subsequently engages in such conduct, shall be punished as provided in subsection (b). “(2) Causing the crossing of a state line.— A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, intentionally commits an act that injures the person’s spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (b). “(b) Penalties.— A person who violates this section shall be fined under this title, imprisoned— “(1) for life or any term of years, if death of the offender’s spouse or intimate partner results; “(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender’s spouse or intimate partner results; “(3) for not more than 10 years, if serious bodily injury to the offender’s spouse or intimate partner results or if the offender uses a dangerous weapon during the offense; “(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and “(5) for not more than 5 years, in any other case, or both fined and imprisoned. “§2263. Pretrial release of defendant “In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. “§2264. Restitution “(a) In General.— Notwithstanding section 3663, 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 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. “(2) Enforcement by victim.— 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. “(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) (i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid. “(ii) For purposes of this subparagraph, the term ‘economic circumstances’ includes— “(I) the financial resources and other assets of the defendant; “(II) projected earnings, earning capacity, and other income of the defendant; and “(III) any financial obligations of the defendant, including obligations to dependents. “(D) Subparagraph (A) does not apply if— “(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and “(ii) the court enters in its order the amount of the victim’s losses, and provides a nominal restitution award. “(5) More than 1 offender.— When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. “(6) More than 1 victim.— When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. “(7) Payment schedule.— An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. “(8) Setoff.— Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in— “(A) any Federal civil proceeding; and “(B) any State civil proceeding, to the extent provided by the law of the State. “(9) Effect on other sources of compensation.— The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss. “(10) Condition of probation or supervised release.— Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender rails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant’s employment status, earning ability and financial resources, the willful-ness of the defendant’s failure to comply, and any other circumstances that may have a bearing on the defendant’s ability to comply. “(c) Affidavit.— Within 60 days after conviction and, in any event, not later than 10 days before sentencing, the United States Attorney (or such Attorney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit. “(d) Objection.— If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to subsection (a) shall be entered in the court’s restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney’s delegate) to submit further affidavits or other supporting documents, demonstrating the victim’s losses. “(e) Additional Documentation and Testimony.— If the court concludes, after reviewing the supporting documentation and considering the defendant’s objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section, shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. “(f) Final Determination of Losses.— If the victim’s losses are not ascertainable 10 days before sentencing as provided in subsection (c), the United States Attorney (or the United States Attorney’s delegate) shall so inform the court, and the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 90 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. “(g) Restitution in Addition to Punishment.— An award of restitution to the victim of an offense under this chapter is not a substitute for imposition of punishment under this chapter. “§2265. Full faith and credit given to protection orders “(a) Full Faith and Credit.— Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe. “(b) Protection Order.— A protection order issued by a State or tribal court is consistent with this subsection if— “(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and “(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. “(c) Cross or Counter Petition.— A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if— “(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or “(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. “§2266. Definitions “In this chapter— “‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. “‘Indian country’ has the meaning stated in section 1151. “‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “‘spouse or intimate partner’ includes— “(A) a spouse, a former spouse, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited with the abuser as a spouse; and “(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides. “‘State’ includes a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States. “‘travel across State lines’ does not include travel across State lines by an individual who is a member of an Indian tribe when such individual remains at all times in the territory of the Indian tribe of which the individual is a member.”,

2. 1996

   Pub. L. 104–132 § 205(d)(1) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 2264(a)

   Pub. L. 104–132, § 205(d)(1), inserted “or 3663A” after “3663”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–132, § 205(d)(1), inserted “or 3663A” after “3663”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “or 3663A” after “3663”;

   Effective date note
   Amendment 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.

3. 1996

   Pub. L. 104–132 § 205(d)(2)(A) · 110 Stat. 1214

   Amended · 18 U.S.C. § 2264(b)(1)

   Pub. L. 104–132, § 205(d)(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—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–132, § 205(d)(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.”

   Enacted provision · exact public law section
   (A) by amending paragraph (1) to read as follows: “(1) Directions.— The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).”;

   Effective date note
   Amendment 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.

4. 1996

   Pub. L. 104–132 § 205(d)(2)(B) · 110 Stat. 1214

   1. Struck · 18 U.S.C. § 2264(b)(2)

      Pub. L. 104–132, § 205(d)(2)(B), struck out “by victim” after “Enforcement” in heading

   2. Amended · 18 U.S.C. § 2264(b)(2)

      Pub. L. 104–132, § 205(d)(2)(B), 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.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–132, § 205(d)(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.”

   Enacted provision · exact public law section
   (B) by amending paragraph (2) to read as follows: “(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.”;

   Effective date note
   Amendment 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.

5. 1996

   Pub. L. 104–132 § 205(d)(2)(C) · 110 Stat. 1214

   Struck · 18 U.S.C. § 2264(b)(4)(C); 18 U.S.C. § 2264(b)(4)(D)

   Pub. L. 104–132, § 205(d)(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

   Source evidence

   Code amendment note
   Subsec. (b)(4)(C), (D). Pub. L. 104–132, § 205(d)(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.

   Enacted provision · exact public law section
   (C) in paragraph (4), by striking subparagraphs (C) and (D); and

   Effective date note
   Amendment 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.

6. 1996

   Pub. L. 104–132 § 205(d)(2)(D) · 110 Stat. 1214

   Struck · 18 U.S.C. § 2264(b)(5)(10)

   Pub. L. 104–132, § 205(d)(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

   Source evidence

   Code amendment note
   Subsec. (b)(5) to (10). Pub. L. 104–132, § 205(d)(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.

   Enacted provision · exact public law section
   (D) by striking paragraphs (5) through (10);

   Effective date note
   Amendment 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.

7. 1996

   Pub. L. 104–132 § 205(d)(3) · 110 Stat. 1214

   1. Added · 18 U.S.C. § 2264(c)

      Pub. L. 104–132, § 205(d)(3), (4), added subsec. (c)

   2. Struck · 18 U.S.C. § 2264(c)

      Pub. L. 104–132, § 205(d)(3), (4), struck out former subsec. (c) which read as follows: “Affidavit.—Within 60 days after conviction and, in any event, not later than 10 days before sentencing, the United States Attorney (or such Attorney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–132, § 205(d)(3), (4), added subsec. (c) and struck out former subsec. (c) which read as follows: “Affidavit.—Within 60 days after conviction and, in any event, not later than 10 days before sentencing, the United States Attorney (or such Attorney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit.”

   Enacted provision · exact public law section
   (3) by striking subsections (c) through (g); and

   Effective date note
   Amendment 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.

8. 1996

   Pub. L. 104–132 § 205(d)(3) · 110 Stat. 1214

   Struck · 18 U.S.C. § 2264(d)(g)

   Pub. L. 104–132, § 205(d)(3), struck out subsecs. (d) to (g), which related, respectively, to objection, additional documentation and testimony, final determination of losses, and restitution in addition to punishment

   Source evidence

   Code amendment note
   Subsecs. (d) to (g). Pub. L. 104–132, § 205(d)(3), struck out subsecs. (d) to (g), which related, respectively, to objection, additional documentation and testimony, final determination of losses, and restitution in addition to punishment.

   Enacted provision · exact public law section
   (3) by striking subsections (c) through (g); and

   Effective date note
   Amendment 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.

9. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title XII § 12502(a)(3) · 132 Stat. 4490

   1. Added · 18 U.S.C. § 2264(b)(3)(F); 18 U.S.C. § 2264(b)(3)(G)

      Pub. L. 115–334 added subpar. (F)

   2. Redesignated · 18 U.S.C. § 2264(b)(3)(F); 18 U.S.C. § 2264(b)(3)(G)

      Pub. L. 115–334 redesignated former subpar. (F) as (G)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(F), (G). Pub. L. 115–334 added subpar. (F) and redesignated former subpar. (F) as (G).

   Enacted provision · exact public law section
   (3) Restitution to include veterinary services.— Section 2264 of title 18, United States Code, is amended in subsection (b)(3)— (A) by redesignating subparagraph (F) as subparagraph (G); (B) in subparagraph (E), by striking “and” at the end; and (C) by inserting after subparagraph (E) the following: “(F) veterinary services relating to physical care for the victim’s pet, service animal, emotional support animal, or horse; and” .

12 of 12 references resolved to an enrolled provision