Restitution for Child Porn Victims

The Supreme Court issued an opinion in Paroline v. United States: “The threshold question the Court faces is whether [18 USC] §2259 limits restitution to those losses proximately caused by the defendant’s offense conduct.”  The 5 Justice majority struck a balance of sorts between awarding victim, “Amy Unknown,” the $3.6 million awarded by the Fifth Circuit and the District Court’s denial of restitution for lack of proximate cause.  The court held that a court “should order restitution in an amount that comports with the defendant’s relative role in the causal process that underlies the victim’s general losses.”  The Court declined to set forth a “rigid formula” for such a calculation, instead offering “rough guideposts.”

Click here to view the opinion.  It will also be in Library > Supreme Court Cases — new

Click here for comment from the victim’s attorney and Volokh Conspiracy writer, Paul Cassell, or here for a summary from the Washington Post.

Author: COFPD

Federal Public Defender's Office for the Districts of Colorado and Wyoming