[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 295 Engrossed in Senate (ES)]

114th CONGRESS
  1st Session
                                 S. 295

_______________________________________________________________________

                                 AN ACT


 
 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 2015''.

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 contact 
        (as those terms are defined in section 2246) or sexually 
        explicit conduct (as that term is defined in section 2256) 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 2015, 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.''.

            Passed the Senate February 11, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                 S. 295

_______________________________________________________________________

                                 AN ACT

 To amend section 2259 of title 18, United States Code, and for other 
                               purposes.