Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018

Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018

(Sec. 3) This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases.

If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount that reflects the defendant's relative role in the causal process that underlies the victim's losses, but which is no less than $3,000. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim.

(Sec. 4) If a defendant is convicted of trafficking in child pornography, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations.

(Sec. 5) The bill amends the Victims of Crime Act of 1984 to establish the Child Pornography Victims Reserve within the Crime Victims Fund. Courts must impose additional assessments on persons convicted of child pornography offenses, and the additional assessments must be deposited into the Child Pornography Victims Reserve.

(Sec. 6) In a criminal proceeding, a victim of a child pornography offense must have reasonable access to the pornographic material depicting the victim for inspection, viewing, and examination by the victim, his or her attorney, and potential expert witnesses.