The Amy and Vicky Child Pornography Victim Restitution Improvement Act

In response to Paroline v. United States, a bipartisan group of Senators headed up by Orrin Hatch (R-Utah) and Chuck Schumer (D-NY), introduced the Amy and Vicky Child Pornography Victim Restitution Improvement Act.  The bill would force people convicted of possessing child pornography to pay at least $25,000 in restitution to the victim.

Check out this Washington Times article for more information.

Click here for the one-page summary of the proposed legislation, or look in LIBRARY > Child Pornography

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.