§ 2254. — Civil forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2254]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2254. Civil forfeiture
(a) Property Subject to Civil Forfeiture.--The following property
shall be subject to forfeiture by the United States:
(1) Any visual depiction described in section 2251, 2251A, or
2252 of this chapter, or any book, magazine, periodical, film,
videotape or other matter which contains any such visual depiction,
which was produced, transported, mailed, shipped, or received in
violation of this chapter.
(2) Any property, real or personal, used or intended to be used
to commit or to promote the commission of an offense under this
chapter involving a visual depiction described in section 2251,
2251A, 2252, 2252A, or 2260 of this chapter, or used or intended to
be used to commit or to promote the commission of an offense under
section 2421, 2422, or 2423 of chapter 117,.\1\
---------------------------------------------------------------------------
\1\ So in original.
---------------------------------------------------------------------------
(3) Any property, real or personal, constituting or traceable to
gross profits or other proceeds obtained from a violation of this
chapter involving a visual depiction described in section 2251,
2251A, 2252, 2252A, or 2260 of this chapter, or obtained from a
violation of section 2421, 2422, or 2423 of chapter 117.
(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty and
Maritime Claims.--Any property subject to forfeiture to the United
States under this section may be seized by the Attorney General, the
Secretary of the Treasury, or the United States Postal Service upon
process issued pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims by any district court of the United States having
jurisdiction over the property, except that seizure without such process
may be made when the seizure is pursuant to a search under a search
warrant or incident to an arrest. The Government may request the
issuance of a warrant authorizing the seizure of property subject to
forfeiture under this section in the same manner as provided for a
search warrant under the Federal Rules of Criminal Procedure.
(c) Custody of Federal Official.--Property taken or detained under
this section shall not be repleviable, but shall be deemed to be in the
custody of the Attorney General, Secretary of the Treasury, or the
United States Postal Service subject only to the orders and decrees of
the court or the official having jurisdiction thereof. Whenever property
is seized under any of the provisions of this subchapter, the Attorney
General, Secretary of the Treasury, or the United States Postal Service
may--
(1) place the property under seal;
(2) remove the property to a place designated by the official or
agency; or
(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
(d) Other Laws and Proceedings Applicable.--All provisions of the
customs laws relating to the seizure, summary and judicial forfeiture,
and condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale thereof, the
remission or mitigation of such forfeitures, and the compromise of
claims, shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under this section, insofar as applicable and not
inconsistent with the provisions of this section, except that such
duties as are imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the customs laws
shall be performed with respect to seizures and forfeitures of property
under this section by such officers, agents, or other persons as may be
authorized or designated for that purpose by the Attorney General, the
Secretary of the Treasury, or the Postal Service, except to the extent
that such duties arise from seizures and forfeitures affected by any
customs officer.
(e) Inapplicability of Certain Sections.--Sections 1606, 1613, 1614,
1617, and 1618 of title 19, United States Code, shall not apply with
respect to any visual depiction or any matter containing a visual
depiction subject to forfeiture under subsection (a)(1) of this section.
(f) Disposition of Forfeited Property.--Whenever property is
forfeited under this section the Attorney General shall destroy or
retain for official use any property described in paragraph (1) of
subsection (a) and, with respect to property described in paragraph (2)
or (3) of subsection (a), may--
(1) retain the property for official use or transfer the custody
or ownership of any forfeited property to a Federal, State, or local
agency under section 616 of the Tariff Act of 1930;
(2) sell, by public sale or any other commercially feasible
means, any forfeited property which is not required to be destroyed
by law and which is not harmful to the public; or
(3) require that the General Services Administration take
custody of the property and dispose of it in accordance with law.
The Attorney General, Secretary of the Treasury, or the United States
Postal Service shall ensure the equitable transfer pursuant to paragraph
(1) of any forfeited property to the appropriate State or local law
enforcement agency so as to reflect generally the contribution of any
such agency participating directly in any of the acts which led to the
seizure or forfeiture of such property. A decision by an official or
agency pursuant to paragraph (1) shall not be subject to judicial
review. With respect to a forfeiture conducted by the Attorney General,
the Attorney General shall forward to the Treasurer of the United States
for deposit in accordance with section 524(c) of title 28 the proceeds
from any sale under paragraph (2) and any moneys forfeited under this
section. With respect to a forfeiture conducted by the Postal Service,
the proceeds from any sale under paragraph (2) and any moneys forfeited
under this section shall be deposited in the Postal Service Fund as
required by section 2003(b)(7) of title 39.
(g) Title to Property.--All right, title, and interest in property
described in subsection (a) of this section shall vest in the United
States upon commission of the act giving rise to forfeiture under this
section.
(h) Stay of Proceedings.--The filing of an indictment or information
alleging a violation of this chapter which is also related to a civil
forfeiture proceeding under this section shall, upon motion of the
United States and for good cause shown, stay the civil forfeiture
proceeding.
(i) Venue.--In addition to the venue provided for in section 1395 of
title 28 or any other provision of law, in the case of property of a
defendant charged with a violation that is the basis for forfeiture of
the property under this section, a proceeding for forfeiture under this
section may be brought in the judicial district in which the defendant
owning such property is found or in the judicial district in which the
criminal prosecution is brought.
(Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended Pub.
L. 99-500, Sec. 101(m) [title II, Sec. 201(a), (c)], Oct. 18, 1986, 100
Stat. 1783-308, 1783-314, and Pub. L. 99-591, Sec. 101(m) [title II,
Sec. 201(a), (c)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-314; Pub. L.
100-690, title VII, Sec. 7522(c), Nov. 18, 1988, 102 Stat. 4498; Pub. L.
101-647, title XX, Sec. 2003, title XXXV, Sec. 3565, Nov. 29, 1990, 104
Stat. 4855, 4928; Pub. L. 103-322, title XXXIII, Sec. 330011(m)(2),
Sept. 13, 1994, 108 Stat. 2145; Pub. L. 105-314, title VI, Sec. 603,
Oct. 30, 1998, 112 Stat. 2982; Pub. L. 106-185, Sec. 2(c)(4), Apr. 25,
2000, 114 Stat. 211; Pub. L. 107-273, div. B, title IV, Sec. 4003(a)(6),
Nov. 2, 2002, 116 Stat. 1811.)
References in Text
The Supplemental Rules for Certain Admiralty and Maritime Claims,
referred to in subsec. (b), are set out as part of the Federal Rules of
Civil Procedure in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Section 616 of the Tariff Act of 1930, referred to in subsec.
(f)(1), is classified to section 1616a of Title 19.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
2002--Subsec. (a)(3). Pub. L. 107-273 struck out comma before period
at end.
2000--Subsec. (a)(2), (3). Pub. L. 106-185 struck out before period
at end ``, except that no property shall be forfeited under this
paragraph, to the extent of the interest of an owner, by reason of any
act or omission established by that owner to have been committed or
omitted without the knowledge or consent of that owner''.
1998--Subsec. (a)(2). Pub. L. 105-314, Sec. 603(1), substituted
``2252, 2252A, or 2260 of this chapter, or used or intended to be used
to commit or to promote the commission of an offense under section 2421,
2422, or 2423 of chapter 117,'' for ``or 2252 of this chapter''.
Subsec. (a)(3). Pub. L. 105-314, Sec. 603(2), substituted ``2252,
2252A, or 2260 of this chapter, or obtained from a violation of section
2421, 2422, or 2423 of chapter 117,'' for ``or 2252 of this chapter''.
1994--Subsec. (f). Pub. L. 103-322, Sec. 330011(m)(2), amended
directory language of Pub. L. 101-647, Sec. 3565(3)(A). See 1990
Amendment note below.
1990--Subsec. (a)(1) to (3). Pub. L. 101-647, Sec. 3565(1),
substituted ``section 2251'' for ``sections 2251''.
Subsec. (e). Pub. L. 101-647, Sec. 3565(2), inserted heading.
Subsec. (f). Pub. L. 101-647, Sec. 3565(3)(A), as amended by Pub. L.
103-322, Sec. 330011(m)(2), substituted ``section'' for ``subchapter''
after ``forfeited under this'' in two places in concluding provisions.
Subsec. (f)(1). Pub. L. 101-647, Sec. 3565(3)(B), substituted
``under section 616 of the Tariff Act of 1930'' for ``pursuant to
section 1616 of title 19''.
Subsec. (f)(2). Pub. L. 101-647, Sec. 2003, inserted ``, by public
sale or any other commercially feasible means,'' after ``sell''.
1988--Pub. L. 100-690 amended section generally, substituting
subsecs. (a) to (i) for former subsecs. (a) to (d).
1986--Pub. L. 99-500 and Pub. L. 99-591 amended section identically,
inserting ``, and any property, real or personal, tangible or
intangible, which was used or intended to be used, in any manner or
part, to facilitate a violation of this chapter'' in subsec. (a)(1),
substituting ``Attorney General or the Postal Service'' for ``Attorney
General'' in subsec. (b), and adding subsecs. (c) and (d).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr. 25, 2000, see
section 21 of Pub. L. 106-185, set out as a note under section 1324 of
Title 8, Aliens and Nationality.
Effective Date of 1994 Amendment
Section 330011(m) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of Nov. 29, 1990.
Section Referred to in Other Sections
This section is referred to in section 2253 of this title.
