§ 1593. — Mandatory restitution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1593]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 77--PEONAGE AND SLAVERY
Sec. 1593. Mandatory restitution
(a) Notwithstanding section 3663 or 3663A, and in addition to any
other civil or criminal penalties authorized by law, the court shall
order restitution for any offense under this chapter.
(b)(1) The order of restitution under this section shall direct the
defendant to pay the victim (through the appropriate court mechanism)
the full amount of the victim's losses, as determined by the court under
paragraph (3) of this subsection.
(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order
under section 3663A.
(3) As used in this subsection, the term ``full amount of the
victim's losses'' has the same meaning as provided in section 2259(b)(3)
and shall in addition include the greater of the gross income or value
to the defendant of the victim's services or labor or the value of the
victim's labor as guaranteed under the minimum wage and overtime
guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
(c) As used in this section, the term ``victim'' means the
individual harmed as a result 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 a
representative of the victim's estate, or another family member, or any
other person appointed as suitable by the court, but in no event shall
the defendant be named such representative or guardian.
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114 Stat.
1488.)
References in Text
The Fair Labor Standards Act, referred to in subsec. (b)(3),
probably means the Fair Labor Standards Act of 1938, act June 25, 1938,
ch. 676, 52 Stat. 1060, as amended, which is classified generally to
chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see section 201 of Title 29 and
Tables.
