Laws: Cases and Codes : U.S. Code : Title 18 : Section 2327


   
U.S. Code as of: 01/19/04
Section 2327. Mandatory restitution

      (a) In General. - Notwithstanding section 3663 or 3663A, and in
    addition to any other civil or criminal penalty authorized by law,
    the court shall order restitution to all victims of any offense for
    which an enhanced penalty is provided under section 2326.
      (b) Scope and Nature of Order. - 
        (1) Directions. - The order of restitution under this section
      shall direct the defendant to pay to the victim (through the
      appropriate court mechanism) the full amount of the victim's
      losses as determined by the court pursuant to paragraph (2).
        (2) Enforcement. - 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) Definition. - For purposes of this subsection, the term
      "full amount of the victim's losses" means all losses suffered by
      the victim as a proximate result of the offense.
        (4) Order mandatory. - (A) The issuance of a restitution order
      under this section is mandatory.
        (B) A court may not decline to issue an order under this
      section because of - 
          (i) the economic circumstances of the defendant; or
          (ii) the fact that a victim has, or is entitled to, receive
        compensation for his or her injuries from the proceeds of
        insurance or any other source.

      (c) Victim Defined. - In this section, the term "victim" has the
    meaning given that term in section 3663A(a)(2).



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