S. 295 – The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2015

Considerations on the Bill

Last year, the Supreme Court held that the restitution statute in child sexual exploitation cases applies only to particular losses proximately caused by the defendant’s offense. Unfortunately for victims of child pornography, the restitution available under this standard from a single defendant does not capture the total harm and loss to a victim by the ongoing trafficking in the images of his or her abuse. Compounding the injury is the fact that the more widely an image is viewed, the more difficult it becomes for a victim to recover.

S. 295 is endorsed by both “Amy” and “Vicky,” victims in two of the most widely distributed child pornography series in the world, and the litigants before the Supreme Court last year. This legislation is supported by the National Center for Missing and Exploited Children; the National Crime Victim Law Institute; the National Center for Victims of Crime; the Rape, Abuse and Incest National Network; and the National Organization for Victim Assistance. The attorneys general of 43 states also support S. 295. 

Notable Bill Provisions

Section 2 - Findings

The congressional findings in this section respond directly to the Supreme Court’s 2014 decision. They include:

• The harm caused by child pornography is unique and more extensive than the harm caused by child sex abuse alone because of the permanent nature of the pornographic images and their repetitive circulation.
• Victims of child pornography suffer continuous and grievous harm because of the indeterminate number of viewings, including future viewings, of their sexual abuse.
• Victims suffer due to the “aggregate causation” of multiple actors who independently commit intentional crimes that combine to produce an indivisible injury. Congress adopts the “aggregate causation” standard to address the harms of child pornography.
• It is the intent of Congress that victims of child pornography be fully compensated for all the harm resulting from each and every perpetrator who contributes to their anguish.
• Victims of child pornography should not be limited to receiving restitution from a defendant only for losses caused by each defendant.

Section 3 – Mandatory Restitution

This section expands the full amount of a victim’s losses to include medical services, therapy, rehabilitation, transportation, child care, lost income, and attorneys’ fees. It also allows for victims’ losses to include any other losses suffered by the victim, if those losses are a proximate cause of the offense.

It provides for restitution in cases where there is a single defendant or where there are multiple defendants. Where a victim was harmed by a single defendant, the defendant must pay full restitution. For cases involving multiple defendants – even where unidentified – a judge has options for imposing restitution on an individual defendant. A judge may impose a sentence where the defendant must pay “the full amount of the victim’s losses” or a minimum payment of $250,000 for production, $150,000 for distribution, or $25,000 for possession of child pornography.

For cases involving multiple defendants, each defendant is jointly and severally liable for the order of restitution with all other defendants. In cases with multiple defendants, where a defendant has paid full restitution or has paid the minimum requirements for child pornography offenses, the defendants may sue each other to spread out the cost of restitution among all offenders.  

 Administration Position

The administration does not have a position on this legislation.

Cost

CBO has not scored this legislation.

Amendments

The amendment situation is unclear at this time.