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LegalText 18 U.S.C. § 3681 Order of special forfeiture us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 232A SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME 3681 18 U.S.C. § 3681 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s3681 data/legal/raw/us/code/title-18/usc18.xml 1501489439033690b27ca49f2e8873f0ce196aa4393c4b875e2b4b5df2e06776 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 3ec3ef1c5c002708862345106734401ff3c46444c210add28ebadd4c134308a0 2026-07-04 official
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18 U.S.C. § 3681 - Order of special forfeiture

Text

(a) Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under section 794 of this title or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendants thoughts, opinions, or emotions regarding such crime.

(b) An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.

(c) (1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may—

(A) be levied upon to satisfy—

(i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and

(ii) a fine imposed by a court of the United States; and

(B) if ordered by the court in the interest of justice, be used to—

(i) satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and

(ii) pay for legal representation of the defendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total proceeds may be so used.

(2) The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury.

(d) As used in this section, the term “interested party” includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.

(Added Pub. L. 98473, title II, § 1406(a), Oct. 12, 1984, 98 Stat. 2175, § 3671; amended Pub. L. 99399, title XIII, § 1306(c), Aug. 27, 1986, 100 Stat. 899; renumbered § 3681 and amended Pub. L. 99646, §§ 40, 41(a), Nov. 10, 1986, 100 Stat. 3600.)

Notes

Editorial Notes

Amendments1986—Subsec. (a). Pub. L. 99646, § 40, struck out “chapter 227 or 231 of” after “restitution under”. Pub. L. 99399 inserted “an offense under section 794 of this title or for”.

Statutory Notes and Related Subsidiaries

Effective DateChapter effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98473, set out as a note under section 20101 of Title 34, Crime Control and Law Enforcement.