Chapter 232, Section 3663A, Subsection (c) · 18 U.S.C. Chapter 232 — MISCELLANEOUS SENTENCING PROVISIONS

Contents

(c)

(1)This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense—

(A)that is—

(i)a crime of violence, as defined in section 16;

(ii)an offense against property under this title, or under section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)), including any offense committed by fraud or deceit;

(iii)an offense described in section 3 of the Rodchenkov Anti-Doping Act of 2019;

(iv)an offense described in section 1365 (relating to tampering with consumer products); or

(v)an offense under section 670 (relating to theft of medical products); and

(B)in which an identifiable victim or victims has suffered a physical injury or pecuniary loss.

(2)In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement.

(3)This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) or (iii) if the court finds, from facts on the record, that—

(A)the number of identifiable victims is so large as to make restitution impracticable; or

(B)determining complex issues of fact related to the cause or amount of the victim’s losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 6

Show every defined term

commission of an offense
includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense;
found guilty
includes acceptance by a court of a plea of guilty or nolo contendere;
law enforcement officer
means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense.
vehicle
includes animals and every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land or through the air.
vessel
includes every description of watercraft used, or capable of being used, as a means of transportation in water or in water and air;
victim
means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.