108 STAT. 1904 PUBLIC LAW 103-322—SEPT. 13, 1994 (1) comparative Federal sentences for cases in which the rape victim is known to the defendant and cases in which the rape victim is not known to the defendant; (2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and (3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense's being committed on Federal territory. SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES. (a) SEXUAL ABUSE.— (1) IN GENERAL. —Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:
- § 2248. Mandatory restitution
"(a) IN GENERAL.— Notwithstanding section 3663, 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 that— "(A) the defendant pay to the victim (through the appropriate court mechsmism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. "(2) ENFORCEMENT BY VICTIM. —An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. "(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, plus any costs incurred in obtaining a civil protection order; 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.
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