Page:United States Statutes at Large Volume 106 Part 4.djvu/667

 18 USC 228 note. PUBLIC LAW 102-521—OCT. 25, 1992 106 STAT. 3403 Public Law 102-521 102d Congress An Act To impose a criminal penalty for flight to avoid payment of arrearages Oct. 25, 1992 in child support. IS 10021 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Child Support Recovery Act of SECTION 1. SHORT TITLE. 1992. This Act may be cited as the "Child Support Recovery Act of 1992". SEC. 2. FAILURE TO PAY LEGAL CHILD SUPPORT OBLIGATIONS. (a) IN GENERAL,—Title 18, United States Code, is amended by inserting after chapter 11 the following new chapter: "CHAPTER 11A—CHILD SUPPORT "Sec. " 2 28. Failure to pay legal child support obligations. " § 228. Failure to pay legal child support obligations "(a) OFFENSE.— Whoever willfully fails to pay a past due support obligation with respect to a child who resides in another State shall be punished as provided in subsection (b). "(b) PUNISHMENT. —The punishment for an offense under this section is— "(1) in the case of a first offense under this section, a fine under this title, imprisonment for not more than 6 months, or both; and "(2) in any other case, a fine under this title, imprisonment for not more than 2 years, or both. "(c) RESTITUTION.— Upon a conviction under this section, the court shall order restitution under section 3663 in an amount equal to the past due support obligation as it exists at the time of sentencing. "(d) DEFINITIONS. — As used in this section— "(1) the term 'past due support obligation' means any amount— "(A) determined under a court order or an order of an administrative process pursuant to the law of a State to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living; and "(B) that has remained unpaid for a period longer than one year, or is greater than $5,000; and "(2) the term 'State' includes the District of Columbia, and any other possession or territory of the United States.". (b) TECHNICAL AMENDMENT.—The part analysis for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 11 the following new item:

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