Page:United States Statutes at Large Volume 112 Part 1.djvu/644

 112 STAT. 618 PUBLIC LAW 105-187-^JUNE 24, 1998 Public Law 105-187 105th Congress An Act of 1998. 18 USC 228 note June 24, 1998 To establish felony violations for the failure to pay legal child support obligations, [H.R. 3811] ^^^ ^°'" other purposes. Be it enacted by the Senate and House of Representatives of Deadbeat Parents the United States of America in Congress assembled, Punishment Act SECTION 1. SHORT TITLE. This Act may be cited as the "Deadbeat Parents Punishment Act of 1998". SEC. 2. ESTABLISHMENT OF FELONY VIOLATIONS. Section 228 of title 18, United States Code, is amended to read as follows: "(a) OFFENSE. —Any person who— "(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; "(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or "(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). "(b) PRESUMPTION. —The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period. "(c) PUNISHMENT.— The punishment for an offense under this section is— "(1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and "(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. Courts. "(d) MANDATORY RESTITUTION.— Upon a conviction under this section, the court shall order restitution under section 3663A in
 * '§ 228. Failure to pay legal child support obligations

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