Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 - Amends the federal criminal code to expand the definition of "full amount of the victim's losses" for purposes of provisions governing mandatory restitution of victims of offenses involving sexual exploitation and other abuse of children to include medical services, physical and occupational therapy or rehabilitation, and lost income for the victim's lifetime, as well as any losses suffered by the victim from any sexual act or conduct in preparation for or during the production of child pornography depicting the victim involved in the offense.
Sets forth guidelines for determining restitution where the victim of of a specified child pornography offense was harmed by one defendant (requiring restitution for not less than the full amount of the victim's losses) or by more than one defendant (requiring restitution for not more than the full amount of the victim's losses and not less than specified minimum amounts for certain offenses).
Requires joint and several liability where there are multiple defendants and allows each defendant who is ordered to pay restitution and who has made full payment to the victim equal to or exceeding the specified minimum amount to recover contribution from any other defendant ordered to pay. Sets forth contribution claim procedures.
Requires the Attorney General to report to Congress within one year after enactment of this Act on any progress of the Department of Justice (DOJ) in obtaining restitution for victims of such offenses.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4981 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4981
To amend section 2259 of title 18, United States Code, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2014
Mr. Cartwright (for himself, Mr. Blumenauer, Mr. Brady of Pennsylvania,
Mr. Braley of Iowa, Mrs. Brooks of Indiana, Ms. Brown of Florida, Ms.
Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Coffman, Mr. Cohen,
Mr. Cooper, Mr. Cole, Mr. Cotton, Mr. Crowley, Mr. Cummings, Ms.
DelBene, Ms. DeGette, Mr. DeFazio, Mr. DeSantis, Mr. Deutch, Ms. Eshoo,
Mr. Farr, Mr. Fattah, Ms. Fudge, Mr. Garcia, Mr. Gene Green of Texas,
Mr. Hastings of Florida, Mr. Hastings of Washington, Mr. Israel, Ms.
Jackson Lee, Ms. Kaptur, Ms. Kuster, Mrs. Lowey, Mr. Marino, Mr.
Meehan, Ms. Matsui, Mrs. McCarthy of New York, Mr. Meadows, Mr. Messer,
Mr. George Miller of California, Mr. Meeks, Mr. Mullin, Mr. Neal, Mr.
Nolan, Ms. Norton, Mr. Pascrell, Mr. Payne, Mr. Perry, Mr. Rangel, Mr.
Reichert, Ms. Ros-Lehtinen, Mr. Ruiz, Ms. Schwartz, Ms. Shea-Porter,
Ms. Slaughter, Ms. Speier, Mr. Stockman, Mr. Terry, Ms. Titus, Mr. Van
Hollen, Mr. Vargas, Mr. Vela, Mr. Weber of Texas, Ms. Wilson of
Florida, Mr. Yarmuth, Ms. DeLauro, Mrs. Davis of California, Mr.
Jordan, Mr. Duncan of Tennessee, Mr. Bachus, Ms. Kelly of Illinois, Mr.
Honda, Mr. King of New York, and Mr. Larson of Connecticut) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend section 2259 of title 18, United States Code, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amy and Vicky Child Pornography
Victim Restitution Improvement Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The demand for child pornography harms children because
it drives production, which involves severe and often
irreparable child sexual abuse and exploitation.
(2) The harms caused by child pornography are more
extensive than the harms caused by child sex abuse alone
because child pornography is a permanent record of the abuse of
the depicted child, and the harm to the child is exacerbated by
its circulation. Every viewing of child pornography is a
repetition of the victim's original childhood sexual abuse.
(3) Victims suffer continuing and grievous harm as a result
of knowing that a large, indeterminate number of individuals
have viewed and will in the future view images of their
childhood sexual abuse. Harms of this sort are a major reason
that child pornography is outlawed.
(4) 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. Multiple
actors independently commit intentional crimes that combine to
produce an indivisible injury to a victim.
(5) It is the intent of Congress that victims of child
pornography be fully compensated for all the harms resulting
from each and every perpetrator who contributes to their
anguish.
(6) Congress intends to adopt and hereby adopts an
aggregate causation standard to address the unique crime of
child pornography and the unique harms caused by child
pornography.
(7) Victims should not be limited to receiving restitution
from defendants only for losses caused by each defendant's own
offense of conviction. Courts must apply a less restrictive
aggregate causation standard in child pornography cases, while
also recognizing appropriate constitutional limits and
protections for defendants.
SEC. 3. MANDATORY RESTITUTION.
Section 2259 of title 18, United States Code, is amended--
(1) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Definition.--(A) For purposes of this subsection, the
term `full amount of the victim's losses' includes any costs
incurred by the victim for--
``(i) lifetime medical services relating to
physical, psychiatric, or psychological care;
``(ii) lifetime physical and occupational therapy
or rehabilitation;
``(iii) necessary transportation, temporary
housing, and child care expenses;
``(iv) lifetime lost income; and
``(v) attorneys' fees, as well as other costs
incurred.
``(B) For purposes of this subsection, the term `full
amount of the victim's losses' also includes any other losses
suffered by the victim, in addition to the costs listed in
subparagraph (A), if those losses are a proximate result of the
offense.
``(C) For purposes of this subsection, the term `full
amount of the victim's losses' also includes any losses
suffered by the victim from any sexual act or sexual conduct
(as those terms are defined in section 2246) in preparation for
or during the production of child pornography depicting the
victim involved in the offense.'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Determining Restitution.--
``(1) Harmed by one defendant.--If the victim was harmed as
a result of the commission of an offense under section 2251,
2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall
determine the full amount of the victim's losses caused by the
defendant and enter an order of restitution for an amount that
is not less than the full amount of the victim's losses.
``(2) Harmed by more than one defendant.--If the victim was
harmed as a result of offenses under section 2251, 2251A, 2252,
2252A, or 2260 by more than 1 person, regardless of whether the
persons have been charged, prosecuted, or convicted in any
Federal or State court of competent jurisdiction within the
United States, the court shall determine the full amount of the
victim's losses caused by all such persons, or reasonably
expected to be caused by such persons, and enter an order of
restitution against the defendant in favor of the victim for--
``(A) the full amount of the victim's losses; or
``(B) an amount that is not more than the amount
described in subparagraph (A) and not less than--
``(i) $250,000 for any offense or offenses
under section 2251(a), 2251(b), 2251(c), 2251A,
2252A(g), or 2260(a);
``(ii) $150,000 for any offense or offenses
under section 2251(d), 2252(a)(1), 2252(a)(2),
2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2252A(a)(6),
2252A(a)(7), or 2260(b); or
``(iii) $25,000 for any offense or offenses
under section 2252(a)(4) or 2252A(a)(5).
``(3) Maximum amount of restitution.--No order of
restitution issued under this section may exceed the full
amount of the victim's losses.
``(4) Joint and several liability.--Each defendant against
whom an order of restitution is issued under paragraph (2)(A)
shall be jointly and severally liable to the victim with all
other defendants against whom an order of restitution is issued
under paragraph (2)(A) in favor of such victim.
``(5) Contribution.--Each defendant who is ordered to pay
restitution under paragraph (2)(A), and has made full payment
to the victim equal to or exceeding the statutory minimum
amount described in paragraph (2)(B), may recover contribution
from any defendant who is also ordered to pay restitution under
paragraph (2)(A). Such claims shall be brought in accordance
with this section and the Federal Rules of Civil Procedure. In
resolving contribution claims, the court may allocate payments
among liable parties using such equitable factors as the court
determines are appropriate so long as no payments to victims
are reduced or delayed. No action for contribution may be
commenced more than 5 years after the date on which the
defendant seeking contribution was ordered to pay restitution
under this section.'';
(4) in subsection (d), as redesignated, by striking ``a
commission of a crime under this chapter,'' and inserting ``or
by the commission of (i) an offense under this chapter or (ii)
a series of offenses under this chapter committed by the
defendant and other persons causing aggregated losses,''; and
(5) by adding at the end the following:
``(e) Report.--Not later than 1 year after the date of enactment of
the Amy and Vicky Child Pornography Victim Restitution Improvement Act
of 2014, the Attorney General shall submit to Congress a report on the
progress, if any, of the Department of Justice in obtaining restitution
for victims of any offense under section 2251, 2251A, 2252, 2252A, or
2260.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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