Improving Restitution For Victims Of Child Pornography (S. 295)
Do you support or oppose this bill?
What is S. 295?
(Updated March 15, 2018)
S. 295 is directed at victims of sexual exploitation (i.e. child pornography) and other instances of child abuse. This bill would change the federal criminal code to expand the definition of "full amount of the victim's losses" to include mandatory restitutions for:
- medical services,
- physical and occupational therapy or rehabilitation,
- lost income for the victim's lifetime,
- plus any losses suffered by the victim from any sexual act or conduct during the production of child pornography depicting the victim.
This legislation also outlines guidelines for the restitution values for victims of specified child pornography offenses. It also outlines payment in the case of one or multiple offenders. A year after enactment, the Attorney General would be required to report to Congress on the success of getting restitution for victims.
Argument in favor
Current law does not ensure that victims of child pornography are getting their full restitution in a timely manner. Money will never be able to heal the trauma, but it can help victims get on with their lives.
Argument opposed
While there is no doubt that child pornography is a heinous crime, this bill opens the door for plaintiffs to tack on extra damages seemingly without limit.
Impact
Child pornography victims and perpetrators, court systems and employees at the state and federal level, the Department of Justice, law enforcement officials, and the Attorney General.
Cost of S. 295
A CBO cost estimate is unavailable.
Additional Info
In Depth:
Of Note:
"In , which reviewed Amy’s case, the Supreme Court on April 23, [2014] said that the existing restitution statute is not suited for cases like theirs because it requires proving the impossible: how one person’s possession of particular images concretely harmed an individual victim. That standard puts the burden on victims to forever chase defendants and recover next to nothing."
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