Title 18 United States Code – Crime and Criminal Procedures

Part I – Crimes

Chapter 110 – Sexual Exploitation and Other Abuse of Children

Section 2253 - Criminal Forfeiture 

• (a) Property Subject to Criminal Forfeiture. - A person who is convicted of an 

offense under this chapter involving a visual depiction described in section 2251, 

2251A, 2252, 2252A, or 2260 of this chapter, or who is convicted of an offense 

under section 2421, 2422, or 2423 of chapter 117, shall forfeit to the United 

States such person's interest in -

• (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, constituting or traceable 

to gross profits or other proceeds obtained from such offense; 

and 

(3) any property, real or personal, used or intended to be used 

to commit or to promote the commission of such offense. 

• (b) Third Party Transfers. - All right, title, and interest in property described in 

subsection (a) of this section vests in the United States upon the commission of 

the act giving rise to forfeiture under this section. Any such property that is

subsequently transferred to a person other than the defendant may be the 

subject of a special verdict of forfeiture and thereafter shall be ordered forfeited 

to the United States, unless the transferee establishes in a hearing pursuant to 

subsection (m) of this section that he is a bona fide purchaser for value of such 

property who at the time of purchase was reasonably without cause to believe 

that the property was subject to forfeiture under this section. 

• (c) Protective Orders. - (1) Upon application of the United States, the court may 

enter a restraining order or injunction, require the execution of a satisfactory 

performance bond, or take any other action to preserve the availability of 

property described in subsection (a) of this section for forfeiture under this 

section -

• (A) upon the filing of an indictment or information charging a 

violation of this chapter for which criminal forfeiture may be 

ordered under this section and alleging that the property with 

respect to which the order is sought would, in the event of 

conviction, be subject to forfeiture under this section; or 

• (B) prior to the filing of such an indictment or information, 

if, after notice to persons appearing to have an interest in the 

property and opportunity for a hearing, the court determines that 

-

• (i) there is a substantial probability that the United States 

will prevail on the issue of forfeiture and that failure to 

enter the order will result in the property being destroyed, 
removed from the jurisdiction of the court, or otherwise made 

unavailable for forfeiture; and 

(ii) the need to preserve the availability of the property 

through the entry of the requested order outweighs the hardship 

on any party against whom the order is to be entered; except that 

an order entered pursuant to subparagraph (B) shall be effective for 

not more than 90 days, unless extended by the court for good 

cause shown or unless an indictment or information described in 

subparagraph (A) has been filed. 

• (2) A temporary restraining order under this subsection may 

be entered upon application of the United States without 

notice or opportunity for a hearing when an information or 

indictment has not yet been filed with respect to the property, 

if the United States demonstrates that there is probable 

cause to believe that the property with respect to which the 

order is sought would, in the event of conviction, be subject 

to forfeiture under this section and that provision of notice 

will jeopardize the availability of the property for forfeiture. 

Such a temporary order shall expire not more than 10 days 

after the date on which it is entered, unless extended for 

good cause shown or unless the party against whom it is 

entered consents to an extension for a longer period. A 

hearing requested concerning an order entered under this 

paragraph shall be held at the earliest possible time and 

prior to the expiration of the temporary order. 

• (3) The court may receive and consider, at a hearing held 

pursuant to this subsection, evidence and information that 

would be inadmissible under the Federal Rules of Evidence. 

• (d) Warrant of Seizure. - 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. If the court determines that there 

is probable cause to believe that the property to be seized would, in the event of 

conviction, be subject to forfeiture and that an order under subsection (c) of this 

section may not be sufficient to assure the availability of the property for 

forfeiture, the court shall issue a warrant authorizing the seizure of such property. 

• (e) Order of Forfeiture. - The court shall order forfeiture of property referred to in 

subsection (a) if the trier of fact determines, beyond a reasonable doubt, that 

such property is subject to forfeiture. 

• (f) Execution. - Upon entry of an order of forfeiture under this section, the court 

shall authorize the Attorney General to seize all property ordered forfeited upon 

such terms and conditions as the court shall deem proper. Following entry of an 

order declaring the property forfeited, the court may, upon application of the 

United States, enter such appropriate restraining orders or injunctions, require 

the execution of satisfactory performance bonds, appoint receivers, 

conservators, appraisers, accountants, or trustees, or take any other action to 

protect the interest of the United States in the property ordered forfeited. Any 
income accruing to or derived from property ordered forfeited under this section 

may be used to offset ordinary and necessary expenses to the property which 

are required by law, or which are necessary to protect the interests of the United 

States or third parties. 

• (g) Disposition of Property. - Following the seizure of property ordered forfeited 

under this section, the Attorney General shall destroy or retain for official use any 

article described in paragraph (1) of subsection (a), and shall retain for official 

use or direct the disposition of any property described in paragraph (2) or (3) of 

subsection (a) by sale or any other commercially feasible means, making due 

provision for the rights of any innocent persons. Any property right or interest not 

exercisable by, or transferable for value to, the United States shall expire and 

shall not revert to the defendant, nor shall the defendant or any person acting in 

concert with him or on his behalf be eligible to purchase forfeited property at any 

sale held by the United States. Upon application of a person, other than the 

defendant or person acting in concert with him or on his behalf, the court may 

restrain or stay the sale or disposition of the property pending the conclusion of 

any appeal of the criminal case giving rise to the forfeiture, if the applicant 

demonstrates that proceeding with the sale or disposition of the property will 

result in irreparable injury, harm, or loss to him. 

• (h) Authority of Attorney General. - With respect to property ordered forfeited 

under this section, the Attorney General is authorized to -

• (1) grant petitions for mitigation or remission of forfeiture, 

restore forfeited property to victims of a violation of this 

chapter, or take any other action to protect the rights of 

innocent persons which is in the interest of justice and which is 

not inconsistent with the provisions of this section; 

• (2) compromise claims arising under this section; 

• (3) award compensation to persons providing information 

resulting in a forfeiture under this section; 

• (4) direct the disposition by the United States, under section 

616 of the Tariff Act of 1930, of all property ordered forfeited 

under this section by public sale or any other commercially 

feasible means, making due provision for the rights of innocent 

persons; and 

(5) take appropriate measures necessary to safeguard and 

maintain property ordered forfeited under this section pending 

its disposition. 

• (i) Applicability of Civil Forfeiture Provisions. - Except to the extent that they are 

inconsistent with the provisions of this section, the provisions of section 2254(d) 

of this title (18 U.S.C. 2254(d)) shall apply to a criminal forfeiture under this 

section. 

• (j) Bar on Intervention. - Except as provided in subsection (m) of this 

section, no party claiming an interest in property subject to forfeiture under 

this section may -

• (1) intervene in a trial or appeal of a criminal case involving 

the forfeiture of such property under this section; or 
• (2) commence an action at law or equity against the United 

States concerning the validity of his alleged interest in the 

property subsequent to the filing of an indictment or information 

alleging that the property is subject to forfeiture under this 

section. 

• (k) Jurisdiction To Enter Orders. - The district courts of the United States 

shall have jurisdiction to enter orders as provided in this section without 

regard to the location of any property which may be subject to forfeiture 

under this section or which has been ordered forfeited under this section. 

• (l) Depositions. - In order to facilitate the identification and location of 

property declared forfeited and to facilitate the disposition of petitions for 

remission or mitigation of forfeiture, after the entry of an order declaring 

property forfeited to the United States, the court may, upon application of 

the United States, order that the testimony of any witness relating to the 

property forfeited be taken by deposition and that any designated book, 

paper, document, record, recording, or other material not privileged be 

produced at the same time and place, in the same manner as provided for 

the taking of depositions under rule 15 of the Federal Rules of Criminal 

Procedure. 

• (m) Third Party Interests. - (1) Following the entry of an order of forfeiture 

under this section, the United States shall publish notice of the order and 

of its intent to dispose of the property in such manner as the Attorney 

General may direct. The Government may also, to the extent practicable, 

provide direct written notice to any person known to have alleged an 

interest in the property that is the subject of the order of forfeiture as a 

substitute for published notice as to those persons so notified. 

• (2) Any person, other than the defendant, asserting a legal interest 

in property which has been ordered forfeited to the United States 

pursuant to this section may, within 30 days of the final publication 

of notice or his receipt of notice under paragraph (1), whichever is 

earlier, petition the court for a hearing to adjudicate the validity of 

his alleged interest in the property. The hearing shall be held before 

the court alone, without a jury. 

• (3) The petition shall be signed by the petitioner under penalty of 

perjury and shall set forth the nature and extent of the petitioner's 

right, title, or interest in the property, the time and circumstances of 

the petitioner's acquisition of the right, title, or interest in the 

property, any additional facts supporting the petitioner's claim, and 

the relief sought. 

• (4) The hearing on the petition shall, to the extent practicable and 

consistent with the interests of justice, be held within 30 days of the 

filing of the petition. The court may consolidate the hearing on the 

petition with a hearing on any other petition filed by a person other 

than the defendant under this subsection. 

• (5) At the hearing, the petitioner may testify and present evidence 

and witnesses on his own behalf, and cross-examine witnesses 
who appear at the hearing. The United States may present 

evidence and witnesses in rebuttal and in defense of its claim to the 

property and cross-examine witnesses who appear at the hearing. 

In addition to testimony and evidence presented at the hearing, the 

court shall consider the relevant portions of the record of the 

criminal case which resulted in the order of forfeiture. 

• (6) If, after the hearing, the court determines that the petitioner has 

established by a preponderance of the evidence that -

• (A) the petitioner has a legal right, title, or interest in the 

property, and such right, title, or interest renders the order of 

forfeiture invalid in whole or in part because the right, title, 

or interest was vested in the petitioner rather than the 

defendant or was superior to any right, title, or interest of the 

defendant at the time of the commission of the acts which 

gave 

rise to the forfeiture of the property under this section; or 

• (B) the petitioner is a bona fide purchaser for value of the 

right, title, or interest in the property and was at the time of 

purchase reasonably without cause to believe that the 

property 

was subject to forfeiture under this section; the court shall 

amend the order of forfeiture in accordance with its 

determination. 

• (7) Following the court's disposition of all petitions filed under this 

subsection, or if no such petitions are filed following the expiration 

of the period provided in paragraph (2) for the filing of such 

petitions, the United States shall have clear title to property that is 

the subject of the order of forfeiture and may warrant good title to 

any subsequent purchaser or transferee. 

• (n) Construction. - This section shall be liberally construed to effectuate its 

remedial purposes. 

• (o) Substitute Assets. - If any of the property described in subsection (a), 

as a result of any act or omission of the defendant -

• (1) cannot be located upon the exercise of due diligence; 

• (2) has been transferred or sold to, or deposited with, a third 

party; 

• (3) has been placed beyond the jurisdiction of the court; 

• (4) has been substantially diminished in value; or 

• (5) has been commingled with other property which cannot be 

divided without difficulty; the court shall order the forfeiture of any 

other property of the defendant up to the value of any property 

described in paragraphs (1) through (5).