Page:United States Statutes at Large Volume 108 Part 3.djvu/155

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1907 findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. "(f) 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.". (2) TECHNICAL AMENDMENT.—The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item: "2248. Mandatory restitution.". (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.— (1) IN GENERAL.—Chapter 110 of title 18, United States ^ Code, is amended by adding at the end the following new section: "(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 may also 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, as well as other costs incurred; 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
 * § 2259. Mandatory restitution

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