ALLOCUTION

See VICTIMS' RIGHTS: Right to Speak in Court

See AMERICAN INDIANS

Background Investigations (25 U.S.C. § 3207)

By the Secretary of the Interior and the Secretary of Health and Human Services (25 U.S.C. § 3207(a))
The Secretary of the Interior and the Secretary of Health and Human Services shall compile a list of all authorized positions within their respective departments that have duties and responsibilities involving regular contact with, or control over, Indian children.

Criminal Records (25 U.S.C. § 3207(b))
None of the individuals appointed to a position listed under 25 U.S.C. § 3207(a) may have been found guilty of or entered a plea of nolo contendere or guilty to any Federal, State, or Tribal crime of (1) violence; (2) sexual assault or contact, molestation, exploitation, or prostitution; or (3) crimes against persons.

Confidentiality (25 U.S.C. § 3205)
Agencies of any Indian Tribe, of any State, or of the Federal Government that investigate and treat incidents of abuse of children may provide information and records to those agencies of any Indian Tribe, any State, or of the Federal Government that need to know the information in the performance of their duties.

Indian Child Protection and Family Violence Prevention Program (25 U.S.C. § 3210)

Responsibilities of Agencies and Officials (25 U.S.C. § 3210(c))
An Indian Tribe operating an Indian Child Protection and Family Violence Prevention Program shall designate the agency or officials which shall be responsible for the (1) investigation of reported cases of child abuse and child neglect; (2) treatment and prevention of incidents of family violence; and (3) provision of immediate shelter and related assistance for victims of family violence and their dependents.

Responsibilities and Functions of (25 U.S.C. § 3210(d))
Funds may be used for (1) the establishment of a child protective services program, including employment and training of personnel and the purchase of equipment; (2) the establishment of a family violence prevention and treatment program, including employment of staff, provision of immediate shelter to victims of family violence and their dependents, training programs, and construction of shelters; (3) the development and implementation of a multidisciplinary child abuse investigation and prosecution program; (4) the development of Tribal codes and regulations; (5) training programs; (6) community education; and (7) other programs as the Secretary may approve.

Parental Consent (25 U.S.C. § 3206)

Examinations and Interviews (25 U.S.C. § 3206(a)) Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian Country shall be allowed without parental consent as long as local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.

Interviews by Law Enforcement and Child Protective Services Officials (25 U.S.C.§ 3210(b))
Local law enforcement or child services officials need not first obtain consent from the parent, guardian, or legal custodian to interview an Indian child if they have reason to believe that the child has been subject to abuse in Indian Country.

See VICTIMS' RIGHTS: Right to Attend and Observe Trial

See Pub.L. 97-291, as amended Pub.L. 98-473, Title II, § 1408(b), Oct. 12, 1984, 98 Stat. 2177

Adult Attendants (18 U.S.C. § 3509(i))
A child testifying at or attending a judicial proceeding shall have the right to be accompanied by an adult attendant to provide emotional support to the child. The court may allow the attendant to remain close to the child during the child's testimony. During all other portions of the trial, the court may allow the attendant to hold the child's hand or allow the child to sit on the adult attendant's lap. The attendant may neither assist the child in giving testimony nor prompt the child in any way. To prevent prompting, the statute requires that the image of the attendant shall be recorded on videotape during the child's testimony.

Alternatives to Live In-Court Testimony (18 U.S.C. § 3509(b))

2-Way Closed Circuit Television Testimony

Generally (18 U.S.C. § 3509(b)(1))
Under certain circumstances, the attorney for the Government, the child's attorney, or a guardian ad litem appointed under 18 U.S.C. § 3509(h) may apply for an order that the child's testimony be taken in a room outside the courtroom and be televised by 2-way closed circuit television.

Who Must Be Present (18 U.S.C. § 3509(b)(1))
If such an order is granted, the attorney for the Government and the attorney for the defense (excluding pro se defendants) shall be present while such testimony is given and the child shall be subject to cross-examination.

Who May Be Present (18 U.S.C. § 3509(b)(1))
Other people who are permitted to be present in the same room where the child testifies include the child's attorney or guardian ad litem appointed under 18 U.S.C. § 3509(h) (see Guardian Ad Litem), television equipment operators, a court-appointed judicial officer, and other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.

Videotaped Deposition of a Child (18 U.S.C. § 3509(b)(2))

Generally (18 U.S.C. § 3509(b)(2)(A))
The attorney for the Government, the child's attorney, the child's parent or legal guardian, or the guardian ad litem appointed under 18 U.S.C. § 3509(h) (see Guardian Ad Litem) may apply for an order that a deposition be taken of the child's testimony and that the deposition be recorded and preserved on videotape.

Admissibility (18 U.S.C. § 3509(b)(2)(C))
The videotaped deposition may be admitted into evidence if, at the time of trial, the court finds that the child is unable to testify for one of the four reasons listed in 18 U.S.C. § 3509(b)(2)(B)(i) (see Approval of Application).

Approval of Application (18 U.S.C. § 3509(b)(2)(B)(i))
To approve the application, the court must find that the child is likely to be unable to testify in open court in the physical presence of the defendant, judge, jury, and public for any of the following reasons: (1) fear; (2) a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court; (3) a mental or other infirmity; or (4) conduct by the defendant or defense counsel that causes the child to be unable to continue testifying.

Destruction of Tape (18 U.S.C. § 3509(b)(2)(F))
A videotaped deposition taken in accordance with this statute shall be destroyed 5 years after the date on which the trial court entered its judgment, but not before a final judgment is entered on appeal, including Supreme Court review.

Protective Orders (concurrence with) (18 U.S.C. § 3509(b)(2)(E))
If a child's deposition is being videotaped under 18 U.S.C. § 3509(b)(2), the court may enter a protective order to protect the privacy of the child.

Judge Must Preside (18 U.S.C. § 3509(b)(2)(B)(iii))
If the court grants an order to videotape a child's deposition, the trial judge shall preside at the deposition and shall rule on all questions as if at trial.

Who May Be Present (18 U.S.C. § 3509(b)(2)(B)(iii))
People who are permitted to be present in the same room where the deposition is taken include the attorney for the Government, the attorney for the defense, the child's attorney or guardian ad litem appointed under 18 U.S.C. § 3509(h) (see Guardian Ad Litem), video equipment operators, other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant and, subject to 18 U.S.C. § 3509(b)(2)(B)(iv), the defendant.

Child Abuse Reporting (42 U.S.C. § 13031)

Generally (42 U.S.C. § 13031(a))
If a person described in 42 U.S.C. § 13031(b), on Federal land or in a Federally operated or Federally contracted facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, that person is required to make a report as soon as possible.

Immunity for Good Faith Reporting (42 U.S.C. § 13031(f))
All persons who, acting in good faith, make a report under 42 U.S.C. § 13031 (Child Abuse Reporting) or otherwise provide information or assistance with a report, investigation, or legal intervention pursuant to a report shall be immune from civil and criminal liability arising out of such action. Any such person is presumed to have acted in good faith. No immunity is accorded to persons acting in bad faith.

Multiple Interviews (42 U.S.C. § 13031(d))
Whenever appropriate, investigations shall be conducted jointly by social services and law enforcement personnel to avoid unnecessary multiple interviews with the child.

Child Care Worker Employee Background Checks (42 U.S.C. § 13041)
Each agency of the Federal Government and every Federally operated or Federally contracted facility that hires or contracts to hire individuals involved in the provision of child care services to children under the age of 18 shall assure that all existing and newly hired employees undergo a criminal history background check.

Civil Remedies for Personal Injuries (18 U.S.C. § 2255)

Generally (18 U.S.C. § 2255(a))
Any minor who is a victim of a violation of 18 U.S.C. § 2251 (Sexual Exploitation of Children) or § 2252 (Certain Activities Relating to Material Involving the Sexual Exploitation of Minors) and who suffers personal injury as a result may sue in District Court and may recover actual damages and the cost of the suit, including a reasonable attorney's fee. Any minor, as described in the preceding sentence, shall be deemed to have sustained damages of no less than $50,000 in value.

Statute of Limitations (18 U.S.C. § 2255(b))
The statute of limitations for a civil suit brought under 18 U.S.C. § 2255(a) is six years after the right of action first accrues or not later than three years after a legal disability.

Closing the Courtroom (18 U.S.C. § 3509(e))
To prevent substantial psychological harm to the child or to prevent impairment of the child's ability to effectively communicate, the court may order the exclusion from the courtroom of all those who do not have a direct interest in the case, including the press.

Competency Examinations (18 U.S.C. § 3509(c))

Federal Rules of Evidence (18 U.S.C. § 3509(c)(1))
Nothing in this subsection shall be construed to abrogate rule 601 of the Federal Rules of Evidence (General Rule of Competency).

Compelling Reasons Requirement (18 U.S.C. § 3509(c)(4))
Competency examinations may be conducted only if the court finds compelling reasons. Age alone is not a compelling reason.

No Jury Present (18 U.S.C. § 3509(c)(6))
Competency examinations shall be conducted out of the sight and hearing of a jury.

Questions Asked (18 U.S.C. § 3509(c)(8))
Questions asked of the child at a competency hearing shall be appropriate to the age and developmental level of the child, shall not be related to issues at trial, and shall focus on determining the child's ability to understand and answer simple questions.

Competency Presumption (18 U.S.C. § 3509(c)(2))
A child is presumed to be competent.

Confidentiality

See CHILD VICTIMS: Privacy Protection

Enhanced Penalty

See SENTENCING: Vulnerable Victim

Guardian Ad Litem (18 U.S.C. § 3509(h))

Generally (18 U.S.C. § 3509(h)(1))
To protect the best interests of the child, the court may appoint a guardian ad litem for a child who was a victim of, or a witness to, a crime involving abuse or exploitation as defined in 18 U.S.C. § 3509(a).

Duties (18 U.S.C. § 3509(h)(2))
A guardian ad litem is required to marshal and coordinate the delivery of resources and special services to the child. Beyond those duties, a guardian ad litem may attend all depositions, hearings, and trial proceedings in which a child participates and may make recommendations to the court concerning the welfare of the child. Moreover, the guardian ad litem may have access to all reports, evaluations, and records, except attorney's work product, that are necessary to effectively advocate for the child (limitations on access to grand jury materials are stated).

Immunities (18 U.S.C. § 3509(h)(3))
Under a presumption of good faith conferred by this section, the guardian ad litem shall be immune from civil and criminal liability for acting within the lawful scope of the duties described in 18 U.S.C. § 3509(h)(2).

Special Relationship with Child (18 U.S.C. § 3509(h)(2))
A guardian ad litem shall not be compelled to testify in court concerning any information or opinion received from the child in the course of serving as a guardian ad litem.

Missing Children

See Reporting Requirement

Multidisciplinary Child Abuse Teams (role of) (18 U.S.C. § 3509(g))
The role of a multidisciplinary child abuse team is to provide certain services for a child, including (1) medical diagnoses and evaluation services, to include provision of or interpretation of x-rays, laboratory tests, and related services, as needed, and documentation of findings; (2) telephone consultation services in emergencies and in other situations; (3) medical evaluations related to abuse or neglect; (4) psychological and psychiatric diagnoses and evaluation services for the child, parent or parents, guardian or guardians, other care givers, or any other individual involved in a child victim or child witness case; (5) expert medical, psychological, and related professional testimony; (6) case service coordination and assistance, including the location of services available from public and private agencies in the community; and (7) training services in handling child victims and child witnesses provided for judges, litigators, court officers, and others involved in child victim and child witness cases.

Privacy (18 U.S.C. § 403)
To knowingly or intentionally violate the privacy protection accorded by 18 U.S.C. § 3509 (Child Victims' and Child Witnesses' Rights) constitutes a crime of contempt, punishable by not more than one year imprisonment or a fine or both.

Privacy Protection (18 U.S.C. § 3509(d))

Application (18 U.S.C. § 3509(d)(B))
Title 18 U.S.C. § 3509(d) applies to all employees of the Government connected with the case, including DOJ employees, employees of the court, the jury, and the defendant and his employees (for example, the defendant's attorney).

Confidentiality (8 U.S.C. § 3509(d)(1))
Those individuals described in 18 U.S.C. § 3509(d) shall keep confidential all documents that disclose the name or any other information concerning a child and shall disclose such documents only to persons who, by reason of their participation in the proceeding, have reason to know such information.

Reporting Requirement for Missing Child (42 U.S.C. § 5779)
Each Federal, State, and local law enforcement agency shall report to the National Crime Information Center of the Department of Justice each case of a missing child under the age of 18 received by that agency.

Stay of Civil Action (18 U.S.C. § 3509(k))
During the criminal action for damage or injury to the person of a child, any pending civil cause of action for recovery of compensation arising out of the same occurrence in which the child is the victim shall be stayed until the end of all phases of the criminal action. Any mention of the civil action during the criminal proceeding is prohibited. For purposes of this section, a criminal action is pending until final adjudication.

Speedy Trial (18 U.S.C. § 3509(j))
On motion by the attorney for the Government, by the guardian ad litem, or by the court itself, the court may designate a proceeding in which a child is called to give testimony as being of special public importance. In such cases, the court shall expedite the proceeding and ensure that it takes precedence over any other proceeding to minimize the length of time the child must endure the stress of involvement with the criminal process.

Televised Testimony

See CHILD VICTIMS: Alternatives to Live In-Court Testimony

Testimonial Aids (18 U.S.C. § 3509(l))
The court may permit a child to use anatomical dolls, puppets, drawings, mannequins, or any other demonstrative devise the court deems appropriate for the purpose of assisting a child in testifying.

Victim Impact Statements (18 U.S.C. § 3509(f))
A guardian ad litem, appointed under 18 U.S.C. § 3509(h), shall make every effort to obtain and report information that accurately expresses the child's and the family's views concerning the personal consequences of the child's victimization, communicating this information at a level and in a form commensurate with the child's age and ability.

Videotaped Deposition of

See CHILD VICTIMS: Alternatives to Live In-Court Testimony

See RELEASE OF DEFENDANT

See SENTENCING: Stalking or Domestic Violence

See SENTENCING

Factors To Consider To Determine Amount of Fine To Impose (Sent. Guidelines 5E1.2(d))
To determine the amount of the fine, the court shall consider, among other factors, the (1) the need for the combined sentence to reflect the seriousness of the offense (including the harm or loss to the victim and the gain to the defendant); (2) any restitution or reparation the defendant has made or is obligated to make; and (3) any other pertinent equitable considerations.

Restitution (concurrence with) (18 U.S.C. § 3572(b))
The court shall not impose a fine or other monetary penalty which will impair the ability of the defendant to make restitution to the victim.

Factors To Consider In Imposing a Fine (18 U.S.C. § 3572(a))
In determining whether to impose a fine, the amount of the fine, payment schedule, and method of payment, the court shall consider, among other factors, whether restitution has been ordered, has been made, and the amount of such restitution.

Civil Forfeiture (18 U.S.C. § 2254)
The following property shall be subject to civil forfeiture: all child pornography, property purchased with the profits from the production of child pornography, and all property used in the production of child pornography.

Criminal Forfeiture (18 U.S.C. § 2253)
A person who is convicted of an offense under 18 U.S.C. Chapter 110 (Sexual Exploitation and Other Abuse of Children) involving a visual depiction described in 18 U.S.C. § 2251 (Sexual Exploitation of Children), § 2251A (Selling or Buying of Children), or § 2252 (Certain Activities Relating to Material Involving the Sexual Exploitation of Minors) shall forfeit the following items to the United States: (1) any visual depiction described in 18 U.S.C. § 2251, § 2251A, § 2252, or any book, magazine, periodical, film, videotape, or other matter that contains any such visual depiction, that was produced, transported, mailed, shipped, or received in violation of 18 U.S.C. Chapter 110; (2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and, (3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.

Special Forfeiture

See NOTORIETY FOR PROFIT

Mandatory Restitution for Telemarketing Fraud

See RESTITUTION: for Telemarketing Fraud

Notice of Fraud Conviction

See NOTICE

See SEXUALLY TRANSMITTED DISEASE TESTING

See VICTIMS' SERVICES: Identification of Victims

Notice of Fraud Conviction (18 U.S.C. § 3555)
In addition to any sentence imposed under 18 U.S.C. § 3551 (Authorized Sentences), the court may order that a defendant who has been found guilty of an offense involving fraud or other intentionally deceptive practices give reasonable notice and explanation of the conviction to the victims of the offense. The court shall designate the means by which notice will be given, which may be by mail, by advertising, or by other appropriate means.

Payment of Cost of Notice to Victims (Sent. Guidelines 5F1.4)
The court may order the defendant to pay the cost of giving notice to victims pursuant to 18 U.S.C. § 3555 (Order of Notice to Victims). This cost may be set off against any fine imposed if the court determines that the imposition of both sanctions would be excessive.

Also, see NOTORIETY FOR PROFIT: Notice to Victims of Order of Special Forfeiture

Order of Special Forfeiture (18 U.S.C. § 3681)
At any time after the conviction of a defendant for an offense under 18 U.S.C. § 794 (Gathering or Delivering Defense Information to Aid Foreign Government), or for an offense against the United States resulting in physical harm to an individual, the United States Attorney may move for an order that the defendant be required 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 defendant's thoughts, opinions, or emotions regarding such crime.

Notice to Victims of Order of Special Forfeiture (18 U.S.C. § 3682)
To notify victims of an order of special forfeiture, the United States Attorney shall, within 30 days after the order is issued and at such other times as the Attorney General may require, publish a notice subject to the following conditions: (1) the notice shall be published in a newspaper of general circulation in the district in which the offense occurred, and (2) the notice shall state the defendant's name and other identifying information, state the offense, and state that the court has imposed an order of special forfeiture.

See TEMPORARY RESTRAINING ORDER

Pretrial Release Hearing (18 U.S.C. § 3142)
In a case that involves a serious risk that the defendant will threaten, injure, or intimidate a prospective witness or juror, the attorney for the Government may move for a hearing to determine whether placing any condition on the pretrial release of a defendant will reasonably assure the safety of any other person.

Victim's Opportunity to Speak at Pretrial Release Hearing (18 U.S.C. § 2263)
In a proceeding pursuant to 18 U.S.C. § 3142 (Pretrial Release Hearing) in cases of interstate domestic violence, stalking, and violation of a protective order, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant.

See VICTIMS' SERVICES: Description of Services

Generally (18 U.S.C. § 3663(a))
This section gives the court the authority to order restitution. Restitution may be ordered in addition to or, in the case of a misdemeanor, in lieu of any other penalty authorized by law. A restitution order may require the defendant to make restitution to any victim of an offense or, if the victim is deceased, to the victim's estate.

Assignment of Interest in Restitution Payments (18 U.S.C. § 3664(g)(2))
A victim may, at any time, assign the victim's interest in restitution payments to the Crime Victim's Fund in the Treasury without, in any way, impairing the obligation of the defendant to make such payments.

Complex Cases (18 U.S.C. § 3663(a)(1)(B)(ii))
The court may decline to make a restitution order if it finds that the complication and prolongation of the sentencing process from the fashioning of the order outweighs the need to provide restitution to any victims.

Change in Defendant's Economic Circumstances (18 U.S.C. § 3664(k))
A restitution order shall provide that the defendant shall notify the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. Once the court receives notification of a change in the defendant's economic circumstances, it may, on its own motion or the motion of any party, including a victim, adjust the payment schedule or require immediate payment in full.

Compensation from Other Sources (18 U.S.C. § 3664)

Civil Proceedings (18 U.S.C. § 3664(j)(2))
Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim (1) in any Federal civil proceeding and (2) in any State civil proceeding, to the extent provided by the law of the State.

Insurance Payments and the Like (18 U.S.C. § 3664(j)(1))
If a victim has received compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the party who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution to victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.

Not a Factor in Determining Restitution Amount (18 U.S.C. § 3664(f)(1)(B))
In no case shall the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution.

Default

Generally (18 U.S.C. § 3572(i))
A payment of restitution is in default if a payment is delinquent (see Delinquent) for more than 90 days. When this occurs, the entire amount is due within 30 days after notification of the default, subject to the provisions of 18 U.S.C. § 3613A (see Effect of Default).

Effect of Default (18 U.S.C. § 3613A)
If the defendant is in default on a payment of restitution, the court may take action in any of the following forms: Pursuant to 18 U.S.C. § 3565, the court may revoke probation or a term of supervised release or modify the terms or conditions of probation or a term of supervised release; resentence a defendant pursuant to 18 U.S.C. § 3614; hold the defendant in contempt of court; enter a restraining order or injunction; order the sale of property of the defendant; accept a performance bond; enter or adjust a payment schedule; or take any other action necessary to obtain compliance with the order of a fine or restitution.

Delinquency (18 U.S.C. § 3572(h))
A payment of restitution is delinquent if the payment is more than 30 days late.

Economic Circumstances of the Defendant Irrelevant (18 U.S.C. § 3664(f)(1)(A))
When the court orders restitution, it shall do so in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant. Compare with 18 U.S.C. § 3663(a)(1)(B)(i)(II), which requires that the court consider the economic circumstances of the defendant in determining whether to order restitution under that section.

Estoppel (18 U.S.C. § 3664(l))
A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding brought by the victim, to the extent consistent with State law.

Fines

See FINES: Restitution (concurrence with)

In-Kind Restitution (18 U.S.C. § 3664(f)(4))
An in-kind (noncash) payment described in 18 U.S.C. § 3664(f)(3)(A) (see Type of Payment) may be in the form of (1) return of property; (2) replacement of property; or, (3) if the victim agrees, services rendered to the victim or a person or organization other than the victim.

Installment Payments

Equality of Payments (18 U.S.C. § 3572(d)(1))
If the court provides for installment payments, the installments shall be equal in monthly payments over the period provided by the court, unless the court establishes another schedule.

Length of Time of Payments (18 U.S.C. § 3572(d)(2))
Also, the length of time over which the scheduled payments will be made shall be set by the court, but shall be the shortest time in which full payment can reasonably be made.

Joint and Several Liability of Defendants (18 U.S.C. § 3664(h))
If the court finds that more than one defendant has contributed to the loss of a victim, the court (1) may make each defendant liable for payment of the full amount of restitution, or (2) may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.

Mandatory Restitution

Mandatory Restitution to Victims of Certain Crimes (18 U.S.C. § 3663A)
The court shall order mandatory restitution in addition to, or, in the case of a misdemeanor, in addition to or in lieu of any other penalty, for the following crimes: (1) those in which there is an identifiable victim or victims who have suffered a physical injury or pecuniary loss, and (2) those that fall under one of the following categories: (a) a crime of violence, as defined in 18 U.S.C. § 16; (b) an offense against property under Title 18 of the U.S. Code, including any offense committed by fraud or deceit; or (c) an offense described in 18 U.S.C. § 1365 (relating to tampering with consumer products).

for Interstate Domestic Violence, Stalking, and Violation of a Protective Order (18 U.S.C. § 2264)
Notwithstanding 18 U.S.C. § 3663 (Order of Restitution) or § 3663A (Mandatory Restitution to Victims of Certain Crimes) and, in addition to any other civil or criminal penalty, the court shall order restitution for any offense under 18 U.S.C., Chapter 110A (Interstate Domestic Violence, Stalking, and Violation of a Protective Order).

for Sexual Abuse (18 U.S.C. § 2248)
Notwithstanding 18 U.S.C. § 3663 (Order of Restitution) or § 3663A (Mandatory Restitution to Victims of Certain Crimes) and, in addition to any other civil or criminal penalty, the court shall order restitution for any offense under 18 U.S.C., Chapter 109A (Sexual Abuse).

for Sexual Exploitation and Other Abuse of Children (18 U.S.C. § 2259)
Notwithstanding 18 U.S.C. § 3663 (Order of Restitution) or § 3663A (Mandatory Restitution to Victims of Certain Crimes) and, in addition to any other civil or criminal penalty, the court shall order restitution for any offense under 18 U.S.C., Chapter 110 (Sexual Exploitation and Other Abuse of Children).

for Telemarketing Fraud (18 U.S.C. § 2327)
Notwithstanding 18 U.S.C. § 3663 (Order of Restitution) or § 3663A (Mandatory Restitution to Victims of Certain Crimes) and, in addition to any other civil or criminal penalty, the court shall order restitution for any offense under 18 U.S.C., Chapter 113A (Telemarketing Fraud).

Method of Payment

See Installment Payments

Multiple Victims

Generally (18 U.S.C. § 3664(i))
If the court finds that more than one victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim.

The United States as One of the Victims (18 U.S.C. § 3664(i))
If the United States is a victim, the court shall ensure that all other victims receive full compensation before the United States receives any restitution.

Participation of Victim (18 U.S.C. § 3664(g)(1))
No victim shall be required to participate in any phase of a restitution order.

Payment of Restitution With Bail Money (28 U.S.C. § 2044)
On motion of the United States Attorney, the court shall order any money belonging to and deposited by, or on behalf of, the defendant with the court for the purposes of a criminal appearance bail bond (trial or appeal) to be held and paid over to the United States Attorney to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. The court shall not release any money deposited for bond purposes after a plea or verdict of the defendant's guilt has been entered and before sentencing, except upon a showing that an assessment, fine, restitution, or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship.

Presentence Reports (18 U.S.C. § 3664)

Notice by Probation Officer (18 U.S.C. § 3664(b)(2))
Prior to submitting a presentence report under 18 U.S.C. § 3664(a), the probation officer shall, to the extent practicable, provide all victims notice of (1) the offense or offenses; (2) the amounts subject to restitution submitted to the probation officer; (3) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses; (4) the scheduled date, time, and place of the sentencing hearing; (5) the availability of a lien in favor of the victim pursuant to 18 U.S.C. § 3664 (m)(1)(B); and (6) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution. Title 18 U.S.C. § 3664(b)(2)(B) also requires the probation officer to provide the victim with a form for submitting such an affidavit.

Restitution Orders and (18 U.S.C. § 3664(a))
For orders of restitution under Title 18 of the U.S. Code, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court.

Restitution by Plea Agreement (18 U.S.C. § 3663(a)(3))
The court may order restitution in any criminal case to the extent agreed to by the parties in a plea agreement.

Sentencing

Identifiable Victim (Sent. Guidelines 5E1.1(a))
In the case of an identifiable victim, the court shall (1) enter a restitution order for the full amount of the victim's loss, if such order is authorized under 18 U.S.C. § 2248 (Sexual Abuse), § 2259 (Sexual Exploitation and Other Abuse of Children), § 2264 (Interstate Domestic Violence, Stalking, and Violation of a Protective Order), § 2327 (Telemarketing Fraud), § 3663 (Order of Restitution), or § 3663A (Mandatory Restitution to Victims of Certain Crimes); or (2) impose a term of probation or supervised release with a condition requiring restitution for the full amount of the victim's loss in the case of an identifiable victim of the offense if the offense is not an offense for which restitution is authorized under 18 U.S.C. § 3663(a)(1), but otherwise meets the criteria for an order of restitution under that section.

Nominal Periodic Payments (Sent. Guidelines 5E1.1(f))
A restitution order may direct the defendant to make nominal periodic payments if the court finds from facts on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments.

Restitution Made Before Fine Paid (Sent. Guidelines 5E1.1(c))
If a defendant is ordered to make restitution to an identifiable victim and to pay a fine, the court shall order that any money paid by the defendant shall first be applied to satisfy the order of restitution.

Subsequent Windfalls to Defendant While Incarcerated (18 U.S.C. § 3664(n))
If a person required to provide restitution receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed.

Time of Payment (18 U.S.C. § 3572(d))
Restitution shall be payed immediately unless, in the interest of justice, the court provides for payment on a date certain or in installments.

Type of Payment (18 U.S.C. § 3664(f)(3)(A))
A restitution order may direct the defendant to make (1) a single, lump sum payment; (2) partial payments at specified intervals; (3) in-kind (noncash) payments; or (4) a combination of payments at specified intervals and in-kind payments.

Title 18 U.S.C. § 1513 lists and refers the reader to various sections of the U.S. Code for the penalties for various acts done or attempts made to retaliate against a witness, victim, or an informant who has attended an official proceeding, testified, given documents or other objects in an official proceeding, or provided law enforcement any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings.

See VICTIMS' RIGHTS

Extreme Conduct (Policy Statement) (Sent. Guidelines 5K2.8)
If the defendant's conduct was unusually heinous, cruel, brutal, or degrading to the victim, the court may increase the sentence above the guideline range to reflect the nature of the conduct. Examples of extreme conduct include torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation.

Extreme Psychological Injury (Policy Statement) (Sent. Guidelines 2K2.3)
If a victim or victims suffered psychological injury much more serious than that normally resulting from commission of the offense, the court may increase the sentence above the authorized guideline range. The extent of the increase ordinarily should depend on the severity of the psychological injury and the extent to which the injury was intended or knowingly risked. Normally, psychological injury would be sufficiently severe to warrant application of this adjustment only when there is a substantial impairment of the intellectual, psychological, emotional, or behavioral functioning of a victim, when the impairment is likely to be of an extended or continuous duration, and when the impairment manifests itself by physical or psychological symptoms or by changes in behavior patterns. The court should consider the extent to which such harm was likely, given the nature of the defendant's conduct.

Hate Crime Motivation (Sent. Guidelines 3A1.1(a))
If the finder of fact at trial or, in the case of a plea, if the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, the sentence is increased.

Injury to Victim (Sent. Guidelines 2H1.3)
If injury occurred to the victim from the commission of an offense, the sentence is increased.

Official Victim (Sent. Guidelines 3A1.2)
If (1) the victim was a Government officer or employee (either at the time of the offense or at any time prior to the offense) or a member of the immediate family of any Government officer or employee, and the offense of conviction was motivated by such status; or if (2) during the course of the offense or immediate flight therefrom, the defendant or a person for whose conduct the defendant is otherwise accountable, knowing or having reasonable cause to believe that a person was a law enforcement or corrections officer, assaulted such officer in a manner creating a substantial risk of serious bodily injury, the sentence is increased.

Physical Injury (Policy Statement) (Sent. Guidelines 5K2.2)
If significant injury resulted from the crime, the court may increase the sentence above the authorized guideline range. The extent of the increase ordinarily should depend on the extent of the injury, the degree to which it may prove permanent, and the extent to which the injury was intended or knowingly risked. When the victim suffers a major, permanent disability and when such injury was intentionally inflicted, a substantial departure may be appropriate. If the injury is less serious or if the defendant, though criminally negligent, did not knowingly create the risk of harm, a less substantial departure would be indicated.

Restraint of Victim (Sent. Guidelines 3A1.3)
If a victim was physically restrained in the course of the offense, the sentence is increased.

Stalking or Domestic Violence (Sent. Guidelines 2A6.2)
If the offense included a pattern of activity involving stalking, threatening, harassing, or assaulting the same victim as an aggravating factor, the sentence is increased.

Vulnerable Victim (Sent. Guidelines 3A1.1(b))
If the defendant knew or should have known that a victim of the offense was unusually vulnerable due to age, physical or mental condition, or that a victim was otherwise particularly susceptible to the criminal conduct, the sentence is increased.

See VICTIMS' SERVICES

Limited Testing of Defendants (42 U.S.C. § 14011(b))
The victim of an offense referred to in 42 U.S.C. § 14011(a) may obtain an order in the district court in which charges are brought, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for HIV and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.

Payment for the Cost of (42 U.S.C. § 10607(c)(7))

Generally (42 U.S.C. § 10607(c)(7))
Whenever an investigatory officer determines it is necessary or useful for evidentiary purposes to have a physical examination conducted upon the victim of a sexual assault, the Attorney General or the head of the investigating department or agency shall pay the cost of the examination, either directly or by reimbursing the victim for payment he or she made.

Two-Test Maximum (42 U.S.C. § 10607(c)(7))
During the 12 months following a sexual assault that poses a risk of transmission, the Attorney General shall provide for the payment of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases (STDs), including HIV, gonorrhea, herpes, chlamydia, and syphilis and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of STDs to the victim as a result of the assault.

Waiver of Anonymity and Confidentiality (42 U.S.C. § 10607(c)(7))
A victim may waive anonymity and confidentiality of any test paid for under 42 U.S.C. § 10607(c)(7).

See NOTORIETY FOR PROFIT: Order of Special Forfeiture

See RELEASE OF DEFENDANT

See SENTENCING: Interstate Domestic Violence, Stalking, and Violation of a Protective Order

According to Title 18 U.S.C. § 1512, tampering with a victim, witness, or an informant (1) by killing or attempted killing, (2) through intimidation or physical force, (3) by threat, (4) by corrupt persuasion or the attempt thereof, or (5) by engaging in misleading conduct toward another person with intent to prevent, influence, delay, or otherwise affect testimony or other acts relevant to a criminal proceeding is a crime and the punishments are enumerated therein.

According to Title 18 U.S.C. § 1514, an attorney for the Government may apply for a temporary restraining order or a protective order prohibiting harassment of a victim or witness in a Federal criminal case.

Closed Circuit Televised Court Proceedings, Generally (42 U.S.C. § 10608)
To permit victims of crime to watch criminal trial proceedings in cases where the venue has been changed both out of the State and more than 350 miles from the location in which those proceedings originally would have taken place, the trial court shall order closed circuit televising of the proceedings to that location for viewing by such persons as the court determines to have a compelling interest in doing so and are otherwise unable to do so by reason of the inconvenience and expense caused by the change of venue.

Child Victims

See CHILD VICTIMS: Alternatives to Live In-Court Testimony: 2-Way Closed Circuit Television Testimony.

See TELEVISED COURT PROCEEDINGS: Closed Circuit Televised Court Proceedings.

(Fed.R.Crim.P. 32(b)(4)(D)) Presentence reports must contain verified information, stated in a nonargumentative style, containing an assessment of the financial, social, psychological, and medical impact of the crime on any individual against whom the offense has been committed.

By Children

See CHILD VICTIMS: Victim Impact Statements of

Generally (42 U.S.C. § 10606)
In addition to other rights afforded victims by the Code, a crime victim has the following rights: (1) to be treated with fairness and with respect for the victim's dignity and privacy; (2) to be reasonably protected from the accused offender; (3) to be notified of court proceedings; (4) to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial; (5) to confer with the attorney for the Government in the case; (6) to restitution; and (7) to information about the conviction, sentencing, imprisonment, and release of the offender.

Child Victims (rights of)

See CHILD VICTIMS

Right to Attend and Observe Trial (18 U.S.C. § 3510)

Capital Cases (18 U.S.C. § 3510(b))
Victims may not be excluded from the trial of a defendant accused of that offense because such victim may, at sentencing, make a statement or present any information in relation to the sentence.

Noncapital Cases (18 U.S.C. § 3510(a))
Victims may not be excluded from the trial of a defendant accused of that offense because such victim may, at sentencing, testify as to the effect of the sentence on the victim and the victim's family.

Right to Be Free From Gender Crimes (42 § U.S.C. 13981)
All persons within the United States shall have the right to be free from crimes of violence motivated by gender, meaning crimes committed because of gender or on the basis of gender and due, at least in part, to an animus based on the victim's gender.

Right to Speak in Court (Fed.R.Crim.P. 32(c)(3)(E))
Before imposing the sentence for crimes of violence or sexual abuse, the court must address the victim personally, if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement or present any information in relation to the sentence.

Designation of Responsible Officials (42 U.S.C. § 10607(a))
The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of a crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in 42 U.S.C. § 10607(c) at each stage of a criminal case.

Description of Services (42 U.S.C. § 10607(c))

During Court Proceedings (42 U.S.C. § 10607(c)(4))
During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses.

During Investigation and Prosecution (42 U.S.C. § 10607(b)(3))
During the investigation and prosecution of a crime, a responsible official shall provide a victim with the earliest possible notice of (1) the status of the investigation of the crime, to the extent that it is appropriate to inform the victim and to the extent that it will not interfere with the investigation; (2) the arrest of a suspected offender; (3) the filing of charges against a suspected offender; (4) the scheduling of each court proceeding that the witness either is required to attend or, under 42 U.S.C. § 10606(b)(4), is entitled to attend; (5) the release or detention status of an offender or suspected offender; (6) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and (7) the sentence imposed on an offender, including the date on which the offender will be eligible for parole.

Post-Trial (42 U.S.C. § 10607(c)(5))
After trial, a responsible official shall provide a victim the earliest possible notice of (1) the scheduling of a parole hearing for the offender; (2) the escape, work release, furlough, or any other form of release from custody of the offender; and (3) the death of the offender, if the offender dies while in custody.

Additional Duties of Responsible Officials (42 U.S.C. §§ 10607(c)(1), (c)(8))
The duties of a responsible official include (1) informing a victim of the place where the victim may receive emergency medical and social services; (2) informing a victim of any restitution or other relief to which the victim may be entitled under this or any other law, and the manner in which such relief may be obtained; (3) informing a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; (4) assisting a victim in contacting the persons who are responsible for providing the services and relief described in (1), (2), and (3); and (5) providing the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each.

Property of a Victim (42 U.S.C. § 10607(c)(6))
At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes.

Protection (42 U.S.C. § 10607(b)(2))
A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender.

Identification of Victims (42 U.S.C. § 10607(b))
At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official, as designated pursuant to 42 U.S.C. § 10607(a), shall (1) identify the victims of a crime; (2) inform the victims of their rights to receive, on request, the services described in 42 U.S.C. § 10607(c); and (3) inform the victims of the name, title, business address, and telephone number of the responsible official to whom the victim should address a request for each of the services described in 42 U.S.C.§ 10607(c).

See VICTIMS' SERVICES: Description of Services: During Court Proceedings