§ 228. — Failure to pay legal child support obligations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC228]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11A--CHILD SUPPORT
Sec. 228. Failure to pay legal child support obligations
(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.
(d) Mandatory Restitution.--Upon a conviction under this section,
the court shall order restitution under section 3663A in an amount equal
to the total unpaid support obligation as it exists at the time of
sentencing.
(e) Venue.--With respect to an offense under this section, an action
may be inquired of and prosecuted in a district court of the United
States for--
(1) the district in which the child who is the subject of the
support obligation involved resided during a period during which a
person described in subsection (a) (referred to in this subsection
as an ``obliger'') failed to meet that support obligation;
(2) the district in which the obliger resided during a period
described in paragraph (1); or
(3) any other district with jurisdiction otherwise provided for
by law.
(f) Definitions.--As used in this section--
(1) the term ``Indian tribe'' has the meaning given that term in
section 102 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a);
(2) the term ``State'' includes any State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
(3) the term ``support obligation'' means any amount determined
under a court order or an order of an administrative process
pursuant to the law of a State or of an Indian tribe to be due from
a person for the support and maintenance of a child or of a child
and the parent with whom the child is living.
(Added Pub. L. 102-521, Sec. 2(a), Oct. 25, 1992, 106 Stat. 3403;
amended Pub. L. 104-294, title VI, Sec. 607(l), Oct. 11, 1996, 110 Stat.
3512; Pub. L. 105-187, Sec. 2, June 24, 1998, 112 Stat. 618.)
Amendments
1998--Pub. L. 105-187 reenacted section catchline without change and
amended text generally. Prior to amendment, section consisted of
subsecs. (a) to (d) relating to a description of the offense, punishment
for an offense, restitution upon conviction of an offense, and
definitions of terms used in this section.
1996--Subsec. (d)(2). Pub. L. 104-294 inserted ``commonwealth,''
before ``possession or territory of the United States''.
Short Title of 1998 Amendment
Pub. L. 105-187, Sec. 1, June 24, 1998, 112 Stat. 618, provided
that: ``This Act [amending this section] may be cited as the `Deadbeat
Parents Punishment Act of 1998'.''
Short Title
Section 1 of Pub. L. 102-521 provided that: ``This Act [enacting
this section and sections 3796cc to 3796cc-6 of Title 42, The Public
Health and Welfare, amending section 3563 of this title and section 3797
of Title 42, and enacting provisions set out as a note under section
12301 of Title 42] may be cited as the `Child Support Recovery Act of
1992'.''
Section Referred to in Other Sections
This section is referred to in title 42 section 3515d.
