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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) Bar on Intervention. - Except as provided in subsection (l) 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. (j) 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. (k) 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. (l) 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. (m) Construction. - This section shall be liberally construed to effectuate its remedial purposes. (n) 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). -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7522(a), Nov. 18, 1988, 102 Stat. 4490; amended Pub. L. 101-647, title XXXV, Sec. 3549, Nov. 29, 1990, 104 Stat. 4926.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (c)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section 616 of the Tariff Act of 1930, referred to in subsec. (h)(4), is classified to section 1616a of Title 19, Customs Duties. The Federal Rules of Criminal Procedure, referred to in subsec. (k), are set out in the Appendix to this title. -MISC1- AMENDMENTS 1990 - Subsec. (h)(4). Pub. L. 101-647 substituted "under section 616 of the Tariff Act of 1930" for "in accordance with the provisions of section 1616, title 19, United States Code". -End- -CITE- 18 USC Sec. 1468 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 71 - OBSCENITY -HEAD- Sec. 1468. Distributing obscene material by cable or subscription television -STATUTE- (a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both. (b) As used in this section, the term "distribute" means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. (c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7523(a), Nov. 18, 1988, 102 Stat. 4501.) -REFTEXT- REFERENCES IN TEXT The Cable Communications Policy Act of 1984, referred to in subsec. (c), is Pub. L. 98-549, Oct. 30, 1984, 98 Stat. 2779, which is classified principally to subchapter V-A (Sec. 521 et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 609 of Title 47 and Tables. -End- -CITE- 18 USC Sec. 1469 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 71 - OBSCENITY -HEAD- Sec. 1469. Presumptions -STATUTE- (a) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce. (b) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in foreign commerce. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7521(d), Nov. 18, 1988, 102 Stat. 4489.) -End- -CITE- 18 USC Sec. 1470 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 71 - OBSCENITY -HEAD- Sec. 1470. Transfer of obscene material to minors -STATUTE- Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be fined under this title, imprisoned not more than 10 years, or both. -SOURCE- (Added Pub. L. 105-314, title IV, Sec. 401(a), Oct. 30, 1998, 112 Stat. 2979.) -MISC1- STUDY ON LIMITING AVAILABILITY OF PORNOGRAPHY ON INTERNET Pub. L. 105-314, title IX, Sec. 901, Oct. 30, 1998, 112 Stat. 2991, provided that: "(a) In General. - Not later than 90 days after the date of enactment of this Act [Oct. 30, 1998], the Attorney General shall request that the National Academy of Sciences, acting through its National Research Council, enter into a contract to conduct a study of computer-based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet, in order to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem. "(b) Contents of Study. - The study under this section shall address each of the following: "(1) The capabilities of present-day computer-based control technologies for controlling electronic transmission of pornographic images. "(2) Research needed to develop computer-based control technologies to the point of practical utility for controlling the electronic transmission of pornographic images. "(3) Any inherent limitations of computer-based control technologies for controlling electronic transmission of pornographic images. "(4) Operational policies or management techniques needed to ensure the effectiveness of these control technologies for controlling electronic transmission of pornographic images. "(c) Final Report. - Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a final report of the study under this section, which report shall - "(1) set forth the findings, conclusions, and recommendations of the Council; and "(2) be submitted by the Committees on the Judiciary of the House of Representatives and the Senate to relevant Government agencies and committees of Congress." -End- -CITE- 18 USC CHAPTER 73 - OBSTRUCTION OF JUSTICE 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 73 - OBSTRUCTION OF JUSTICE -HEAD- CHAPTER 73 - OBSTRUCTION OF JUSTICE -MISC1- Sec. 1501. Assault on process server. 1502. Resistance to extradition agent. 1503. Influencing or injuring officer or juror generally. 1504. Influencing juror by writing. 1505. Obstruction of proceedings before departments, agencies, and committees. 1506. Theft or alteration of record or process; false bail. 1507. Picketing or parading. 1508. Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting. 1509. Obstruction of court orders. 1510. Obstruction of criminal investigations. 1511. Obstruction of State or local law enforcement. 1512. Tampering with a witness, victim, or an informant. 1513. Retaliating against a witness, victim, or an informant. 1514. Civil action to restrain harassment of a victim or witness. 1514A. Civil action to protect against retaliation in fraud cases. 1515. Definitions for certain provisions; general provision. 1516. Obstruction of Federal audit. 1517. Obstructing examination of financial institution. 1518. Obstruction of criminal investigations of health care offenses. 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy. 1520. Destruction of corporate audit records. AMENDMENTS 2002 - Pub. L. 107-204, title VIII, Secs. 802(b), 806(b), July 30, 2002, 116 Stat. 801, 804, added items 1514A, 1519, and 1520. 1996 - Pub. L. 104-191, title II, Sec. 245(b), Aug. 21, 1996, 110 Stat. 2018, added item 1518. 1990 - Pub. L. 101-647, title XXV, Sec. 2503(b), Nov. 29, 1990, 104 Stat. 4861, added item 1517. 1988 - Pub. L. 100-690, title VII, Secs. 7030, 7078(b), Nov. 18, 1988, 102 Stat. 4398, 4406, inserted "; general provision" in item 1515 and added item 1516. 1982 - Pub. L. 97-291, Sec. 4(b), Oct. 12, 1982, 96 Stat. 1253, substituted "or juror" for ", juror or witness" after "officer" in item 1503, and added items 1512, 1513, 1514, and 1515. 1970 - Pub. L. 91-452, title VIII, Sec. 802(b), Oct. 15, 1970, 84 Stat. 937, added item 1511. 1967 - Pub. L. 90-123, Sec. 1(b), Nov. 3, 1967, 81 Stat. 362, added item 1510. 1962 - Pub. L. 87-664, Sec. 6(b), Sept. 19, 1962, 76 Stat. 552, substituted "Obstruction of proceedings before departments, agencies, and committees" for "Influencing or injuring witness before agencies and committees" in item 1505. 1960 - Pub. L. 86-449, title I, Sec. 102, May 6, 1960, 74 Stat. 86, added item 1509. 1956 - Act Aug. 2, 1956, ch. 879, Sec. 2, 70 Stat. 936, added item 1508. 1950 - Act Sept. 23, 1950, ch. 1024, title I, Sec. 31(b), 64 Stat. 1019, added item 1507. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3521 of this title. -End- -CITE- 18 USC Sec. 1501 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 73 - OBSTRUCTION OF JUSTICE -HEAD- Sec. 1501. Assault on process server -STATUTE- Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process - Shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 245 (Mar. 4, 1909, ch. 321, Sec. 140, 35 Stat. 1114). The phrase "Except as otherwise expressly provided by law" was inserted because sections 2231, 2232, and 2233 of this title provide greater penalties for obstructing service of search warrants. Mandatory provisions were rephrased in the alternative. Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $300" in last par. -CHANGE- CHANGE OF NAME "United States magistrate judge" substituted for "United States magistrate" in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "United States magistrate" substituted for "United States commissioner" pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28. Reference to United States magistrate or

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