A court must order forfeiture on conviction
What the document says“The court, in imposing a sentence on any person convicted of a violation of paragraph (2) or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States-- ``(i) any material distributed in violation of that paragraph;”
On sentencing a person convicted under paragraph (2) or (3), the court must order forfeiture to the United States, on top of any other sentence and irrespective of State law. Three things are forfeited: the material distributed, the person's interest in property constituting or derived from gross proceeds of the violation or traceable to it, and any personal property used or intended to be used to commit or facilitate the violation.
What the document actually says“The court, in imposing a sentence on any person convicted of a violation of paragraph (2) or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States-- ``(i) any material distributed in violation of that paragraph;”
A judge must take the images away. That comes on top of any other penalty.
The judge also takes money made from the crime. Things used to do it are taken as well.
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