On Friday, President Trump signed into law the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA). The Act will help victims of what are frequently referred to as "child pornography" crimes obtain full restitution. The Act helps to resolve a thorny legal issue about how to provide restitution to victims -- an issue that was addressed in a 2014 case I argued before the U.S. Supreme Court with co-counsel James Marsh, Paroline v. United States. In rejecting our position that each defendant should pay the "full amount" of a victims losses, the Court articulated a confusing view on the partial restitution to which victims like Amy were entitled. The new law will help ensure victims ultimately receive full restitution from defendants who have harmed them.* * *
Here are a few highlights from the new law: As factual support for the Act, Congress found that "the unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim." (Sec. 2(f)). As a result, the Act requires a court sentencing a defendant convicted of a child pornography crime harming a victim to determine the full amount of that victim's losses and then to order restitution from a defendant for amount reflecting the defendant's relative role in the causal process. (Sec. 3(a)(2)(B)). But -- and here's a new innovation -- a trial court must impose restitution in the minimum amount of $3,000.
The AVA also creates a fund for compensating victims of child pornography trafficking in child pornography trafficking (advertising, distribution, and possession) and child pornography production. Whenever a defendant is convicted of a child pornography trafficking crime, for example, a victim has the option of electing to receive a one-time "defined monetary assistance" in the amount of $35,000 (indexed for inflation). The fund will be paid for, in party, through special assessments levied on defendants who are convicted of trafficking crimes, with an additional appropriation of $10 million per year if necessary. Attorneys' fees are capped at 15%.
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