18 U.S.C. § 2259 : US Code - Section 2259: Mandatory restitution

Search 18 U.S.C. § 2259 : US Code - Section 2259: 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 for any offense under this
    chapter.
      (b) Scope and Nature of Order. - 
        (1) Directions. - 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 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" includes any costs incurred
      by the victim for - 
          (A) medical services relating to physical, psychiatric, or
        psychological care;
          (B) physical and occupational therapy or rehabilitation;
          (C) necessary transportation, temporary housing, and child
        care expenses;
          (D) lost income;
          (E) attorneys' fees, as well as other costs incurred; and
          (F) any other 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) Definition. - For purposes of this section, the term "victim"
    means the individual harmed as a result of a commission 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 representative of the victim's estate,
    another family member, or any other person appointed as suitable by
    the court, but in no event shall the defendant be named as such
    representative or guardian.