- It considers the total harm to the victim, including from individuals who may not yet have been identified
- It requires real and timely restitution
- It allows defendants who have contributed to the same victim’s harm to spread the restitution cost among themselves. The bipartisan legislation is cosponsored by Sens. John Cornyn, Lindsey Graham, Chuck Grassley, Ed Markey, John McCain, and Rob Portman
Victims of child pornography suffer a unique kind of harm and deserve a unique restitution process, and the Amy and Vicky Act is that solution. In the Paroline decision, the Supreme Court made it clear that the ball was in Congress’ court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime. The Amy and Vicky Act is that solution. I’m proud to have the support of Amy, Vicky, and so many individuals and organizations who seek to work with Senator Schumer and me and other supporters of this bill to strengthen the voice of child pornography victims.
The tragic effect of the Supreme Court’s decision in Paroline was this: the more widely viewed the pornographic image of a victim, and the more offenders there are, the more difficult it is for the victim to recover for her anguish and her damages. But there should not be safety in numbers. Senator Hatch and I, and our other cosponsors, will work hard to make sure that victims of these most heinous of crimes get, at a minimum, what they are entitled to get – full restitution for the full harm caused by these terrible acts.
- A one-page summary of the legislation can be found here, and the bill text can be found here.
- Circulation draft 20140507 – Introducing Senate Bill (number not assigned) – Amy and Vicky Child 5 Pornography Victim Restitution Improvement Act of 2014
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