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senate Bill S. 295

Improving Restitution For Victims Of Child Pornography

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.

HannahShows's Opinion
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04/05/2015
If past victims of child pornography have suffered in court, like the Amy Child case, because of the current law regarding restitution then by all means implement this one. This law takes some of the burden off the victims as they struggle to prove their cases.
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Dave1's Opinion
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08/09/2015
If someone is so sick that they victimize children like that we should stick it to them ever way we can.
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Naomi's Opinion
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07/13/2015
There is no valid argument against this. Those saying that this bill would simply provide cause for courts to demand unfair amounts of money from defendants are forgetting what we are talking about. Who cares if a child trafficker/abuser is made to pay more money?
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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.

Bill's Opinion
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04/10/2015
The court system should deal with this. Why don't you pass a law saying that all child sexual abuse is punishable by castration. Problem solved. Deal with the root problem.
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Stormcrow's Opinion
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02/18/2015
This is a handout to lawyers. Make a better bill.
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Richard's Opinion
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02/14/2015
No estimate of cost or benefit so how could anyone vote to approve?
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What is Senate Bill S. 295?

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. 

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 Senate Bill S. 295

A CBO cost estimate is unavailable.

More Information

In Depth: 

Under this legislation, if a victim was harmed by a single defendant, that person must pay the full restitution. If the victim was harmed by multiple individuals, including people who may have not been identified yet, a judge can impose restitution on an individual defendant in two ways depending on the circumstances of the case:
 - the defendant must pay "the full amount of the victim's losses" 
 - or at least $250,000 for production, $150,000 for distribution, or $25,000 for possession.

Of Note: 

This bill — The Amy and Vicky Child Pornography Victim Restitution Improvement Act — are named for the victims in two of the most widely-distributed series of child pornography in the world. It also addresses, what many have called a flaw in the judicial system:
"In Paroline v. United States, 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." 

Media:  





(Photo Credit: Flickr user Zellaby

AKA

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2015

Official Title

A bill to amend section 2259 of title 18, United States Code, and for other purposes.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
      house Committees
      Committee on the Judiciary
  • The senate Passed February 11th, 2015
    Roll Call Vote 98 Yea / 0 Nay
      senate Committees
      Committee on the Judiciary
    IntroducedJanuary 28th, 2015

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    The court system should deal with this. Why don't you pass a law saying that all child sexual abuse is punishable by castration. Problem solved. Deal with the root problem.
    Like (4)
    Follow
    Share
    If past victims of child pornography have suffered in court, like the Amy Child case, because of the current law regarding restitution then by all means implement this one. This law takes some of the burden off the victims as they struggle to prove their cases.
    Like (4)
    Follow
    Share
    No estimate of cost or benefit so how could anyone vote to approve?
    Like (2)
    Follow
    Share
    This is a handout to lawyers. Make a better bill.
    Like (2)
    Follow
    Share
    If someone is so sick that they victimize children like that we should stick it to them ever way we can.
    Like (2)
    Follow
    Share
    There is no valid argument against this. Those saying that this bill would simply provide cause for courts to demand unfair amounts of money from defendants are forgetting what we are talking about. Who cares if a child trafficker/abuser is made to pay more money?
    Like (1)
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    No money should be given. We all have problems and money cannot solve most of them. It only results in more hurting and this time the taxpayers. All we ask is that these dangerous perverts be put away and throw away the key.
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    The distress a child feels is laid on them by the horrified adults around them. These adults who cause the child distress should not be rewarded.
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    Common sense, and a moral and ethical responsibility.
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    The abuser should be made to pay.
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    I agree but there needs to be guide lines for how damages are determined,lawyers are greedy people.
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    Like every other sort of civil judgment, there is no limit to the absurdity of requested damages the legal racket wants applied. They get a commission on the size of award. Now most of this litigation is not Federal anyway nor should be. If the matter is criminal the penalty is incarceration of the felon and the issue is irrelevant.
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    Protect our children. They are our future.
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    To many have payed the ultimate price for their right to vote.
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    Children should never be subject to this physical and emotional abuse. If the perpetrators can be sued out of business, all the better.
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    We are 18 TRILLION in debt. We cannot afford new programs. We should be cutting programs. Stop spending!!!
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    If you don't want to pay don't play.
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    Why does the congress want to take the place of the courts.
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    If these victims aren't helped, they will never be happy and productive citizens. If victims of child pornography, abuse, child prostitution, and child human trafficking are not given the needed assistance, their already fractured me tal state will continue to deteriorate , and because they can't contribute to society they will drain from the economy by need free mental care. They will get involved with drugs and go back to the same world they came from - money for bodies. We must help victims so they can reach their potential.
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    It is not necessary to protect the legal system but to protect victims!!!
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