§3013. Special assessment on convicted persons

18 U.S.C. § 3013

(a)

The court shall assess on any person convicted of an offense against the United States—

(1)

in the case of an infraction or a misdemeanor—

(A)

if the defendant is an individual—

(i)

the amount of $5 in the case of an infraction or a class C misdemeanor;

(ii)

the amount of $10 in the case of a class B misdemeanor; and

(iii)

the amount of $25 in the case of a class A misdemeanor; and

(B)

if the defendant is a person other than an individual—

(i)

the amount of $25 in the case of an infraction or a class C misdemeanor;

(ii)

the amount of $50 in the case of a class B misdemeanor; and

(iii)

the amount of $125 in the case of a class A misdemeanor;

(2)

in the case of a felony—

(A)

the amount of $100 if the defendant is an individual; and

(B)

the amount of $400 if the defendant is a person other than an individual.

(b)

Such amount so assessed shall be collected in the manner that fines are collected in criminal cases.

(c)

The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition.

(d)

For the purposes of this section, an offense under section 13 of this title is an offense against the United States.

Notes, amendments, and revision history

(Added Pub. L. 98–473, title II, § 1405(a), Oct. 12, 1984, 98 Stat. 2174; amended Pub. L. 100–185, § 3, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, §§ 7082(b), 7085, Nov. 18, 1988, 102 Stat. 4407, 4408; Pub. L. 101–647, title XXXV, § 3569, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 104–132, title II, § 210, Apr. 24, 1996, 110 Stat. 1240; Pub. L. 104–294, title VI, § 601(r)(4), Oct. 11, 1996, 110 Stat. 3502.)

Editorial Notes

Amendments

1996—Subsec. (a)(2). Pub. L. 104–294 struck out “not less than” before “$100” in subpar. (A) and before “$400” in subpar. (B).

Pub. L. 104–132 substituted “not less than $100” for “$50” in subpar. (A) and “not less than $400” for “$200” in subpar. (B).

1990—Subsec. (a)(1)(B). Pub. L. 101–647 substituted “an infraction” for “a infraction” in cl. (i) and a semicolon for a period at end of cl. (iii).

1988—Subsec. (a)(1). Pub. L. 100–690, § 7085, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “in the case of a misdemeanor—

“(A) the amount of $25 if the defendant is an individual; and

“(B) the amount of $100 if the defendant is a person other than an individual; and”.

Subsec. (c). Pub. L. 100–690, § 7082(b), inserted at end “This subsection shall apply to all assessments irrespective of the date of imposition.”

1987—Subsecs. (c), (d). Pub. L. 100–185 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

Effective Date

Section effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98–473, set out as a note under section 20101 of Title 34, Crime Control and Law Enforcement.