What 18 USC § 1467 - Criminal Forfeiture of Property Related to Obscenity Offences requires
18 USC § 1467 (added by the Child Protection and Obscenity Enforcement Act of 1988, Pub. L. 100-690) provides for criminal forfeiture of property in connection with convictions under Chapter 71 (obscenity) of Title 18: subsection (a) makes forfeitable (1) any obscene material produced, transported, mailed, shipped, or received in violation of the chapter, (2) any property real or personal constituting or traceable to gross profits or other proceeds obtained from such offence, and (3) any property real or personal used or intended to be used to commit or to promote the commission of such offence; subsection (b) incorporates the procedural framework of 21 USC 853 (Controlled Substances Act criminal forfeiture) except subsections (a) and (d); subsection (c) provides civil forfeiture alternative through Chapter 46 procedures; the statute is the principal forfeiture mechanism for federal obscenity prosecutions, allowing the government to forfeit business inventory, real estate used for distribution, vehicles used for transportation, bank accounts containing proceeds, and intellectual property; ancillary procedures protect innocent third-party interests through 21 USC 853(n) petitions filed within 30 days of forfeiture order publication.
Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (Child Protection and Obscenity Enforcement Act of 1988, Pub. L. 100-690, title VII, § 7522, 102 Stat. 4489 - codified at 18 USC § 1467) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/1467
SHA-256 integrity: f868eed9a776d26a666eebd6efe42267f2651a311c214cb160932cefd4fb2aad
Primary Citations — 5 traced to source
- 18 USC § 1467(a) PROPERTY SUBJECT TO FORFEITURE: 'A person who is convicted of an offense under this chapter shall forfeit to the United States such person's interest in - (1) any obscene material 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.'
- 18 USC § 1467(b) PROCEDURAL INCORPORATION: 'The provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).'
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