II 

Calendar No. 293 

115TH CONGRESS 

2D SESSION S. 2152 

To amend title 18, United States Code, to provide for assistance for victims 

of child pornography, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. GRASSLEY, Ms. KLOBUCHAR, 

Mr. CORNYN, Mr. TOOMEY, Mr. BOOZMAN, Mrs. GILLIBRAND, Mr. COTTON, Mr. WHITEHOUSE, Mr. MCCAIN, Ms. MURKOWSKI, Mrs. CAPITO, 

Mr. TILLIS, Mr. BLUNT, Mr. BLUMENTHAL, Mr. CASEY, Ms. WARREN, 

Mrs. MCCASKILL, Mr. HOEVEN, Mr. MERKLEY, Ms. HIRONO, Mr. KENNEDY, Mr. CRUZ, and Ms. HARRIS) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

JANUARY 16, 2018 

Reported by Mr. GRASSLEY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend title 18, United States Code, to provide for assistance for victims of child pornography, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Amy, Vicky, and Andy 

3 Child Pornography Victim Assistance Act of 2017’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The demand for child pornography harms 

7 children because it drives production, which involves 

8 severe and often irreparable child sexual abuse and 

9 exploitation. 

10 (2) The harms caused by child pornography 

11 begin, but do not end, with child sex abuse because 

12 child pornography is a permanent record of that 

13 abuse and trafficking in those images compounds 

14 the harm to the child. 

15 (3) In Paroline v. United States (2014), the 

16 Supreme Court recognized that ‘‘every viewing of 

17 child pornography is a repetition of the victim’s 

18 abuse’’. 

19 (4) The American Professional Society on the 

20 Abuse of Children has stated that for victims of 

21 child pornography, ‘‘the sexual abuse of the child, 

22 the memorialization of that abuse which becomes 

23 child pornography, and its subsequent distribution 

24 and viewing become psychologically intertwined and 

25 each compound the harm suffered by the child-vic26 tim’’. 


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1 (5) Victims suffer continuing and grievous 

2 harm as a result of knowing that a large, indetermi3 nate number of individuals have viewed and will in 

4 the future view images of their childhood sexual 

5 abuse. Harms of this sort are a major reason that 

6 child pornography is outlawed. 

7 (6) The unlawful collective conduct of every in8 dividual who reproduces, distributes, or possesses 

9 the images of a victim’s childhood sexual abuse plays 

10 a part in sustaining and aggravating the harms to 

11 that individual victim. Multiple actors independently 

12 commit intentional crimes that combine to produce 

13 an indivisible injury to a victim. 

14 (7) It is the intent of Congress that victims of 

15 child pornography be fully compensated for all the 

16 harms resulting from every perpetrator who contrib17 utes to their anguish. Such an aggregate causation 

18 standard reflects the nature of child pornography 

19 and the unique ways that it actually harms victims. 

20 SEC. 3. DETERMINING RESTITUTION. 

21 (a) DETERMINING RESTITUTION.—Section 2259(b) 

22 of title 18, United States Code, is amended— 

23 (1) in paragraph (1)— 


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1 (A) by striking ‘‘The order’’ and inserting 

2 ‘‘Except as provided in paragraph (2), the 

3 order’’; and 

4 (B) by striking ‘‘as determined by the 

5 court pursuant to paragraph (2)’’ after ‘‘of the 

6 victim’s losses’’; 

7 (2) by striking paragraph (3); 

8 (3) by redesignating paragraph (2) as para9 graph (3); and 

10 (4) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD

13 PORNOGRAPHY.—If the defendant was convicted for 

14 trafficking in child pornography, the order of res15 titution under this section shall direct the defendant 

16 to pay the victim (through the appropriate court 

17 mechanism) an amount of restitution determined by 

18 the court as follows: 

19 ‘‘(A) DETERMINING THE FULL AMOUNT OF

20 A VICTIM’S LOSSES.—The court shall determine 

21 the full amount of the victim’s losses that were 

22 incurred or are reasonably projected to be in23 curred by the victim as a result of the traf24 ficking in child pornography. 


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1 ‘‘(B) DETERMINING A RESTITUTION

2 AMOUNT.—After completing the determination 

3 required under subparagraph (A), the court 

4 shall enter an order of restitution against the 

5 defendant in favor of the victim in an amount 

6 which is not less than $3000 and not greater 

7 than 1 percent of the full amount of the vic8 tim’s losses when the full amount of a victim’s 

9 losses are greater than $300,000. between 

10 $3,000 and 1 percent of the full amount of the 

11 victim’s losses. 

12 ‘‘(C) TERMINATION OF PAYMENT.—A vic13 tim’s total aggregate recovery pursuant to this 

14 section shall not exceed the full amount of the 

15 victim’s demonstrated losses. After the victim 

16 has received restitution in the full amount of 

17 the victim’s losses as measured by the greatest 

18 amount of such losses found in any case involv19 ing that victim that has resulted in a final res20 titution order under this section, the liability of 

21 each defendant who is or has been ordered to 

22 pay restitution for such losses to that victim 

23 shall be terminated. The court may direct the 

24 victim to provide information concerning the 


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1 amount of restitution the victim has been paid 

2 in other cases for the same losses.’’. 

3 (b) ADDITIONAL DEFINITIONS.—Section 2259(c) of 

4 title 18, United States Code, is amended— 

5 (1) in the heading, by striking ‘‘DEFINITION’’ 

6 and inserting ‘‘DEFINITIONS’’; 

7 (2) by striking ‘‘For purposes’’ and inserting 

8 the following: 

9 ‘‘(4) VICTIM.—For purposes’’; 

10 (3) by striking ‘‘under this chapter, including, 

11 in the case’’ and inserting ‘‘under this chapter. In 

12 the case’’; 

13 (4) by inserting after ‘‘or any other person ap14 pointed as suitable by the court,’’ the following: 

15 ‘‘may assume the crime victim’s rights under this 

16 section,’’; and 

17 (5) by inserting before paragraph (4), as so 

18 designated, the following: 

19 ‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For 

20 purposes of this section and section 2259A, the term 

21 ‘child pornography production’ means conduct pro22 scribed by section 2251, section 2251A subsections 

23 (a) through (c) of section 2251, section 2252A(g) if 

24 at least one of the offenses listed in this section is 

25 charged as part of a series of offenses (in cases in 


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1 which the series of felony violations involves at least 

2 1 of the violations listed in this section), section 

3 2260(a), or any offense under chapter 109A or 

4 chapter 117 that involved the production of child 

5 pornography, as defined in section 2256. 

6 ‘‘(2) FULL AMOUNT OF THE VICTIM’S

7 LOSSES.—For purposes of this section, the term ‘full 

8 amount of the victim’s losses’ includes any costs in9 curred, or reasonably projected to be incurred in the 

10 future, by the victim, and in the case of a trafficking 

11 in child pornography conviction, as a proximate re12 sult of all trafficking in child pornography offenses 

13 involving the same victim, including— 

14 ‘‘(A) medical services relating to physical, 

15 psychiatric, or psychological care; 

16 ‘‘(B) physical and occupational therapy or 

17 rehabilitation; 

18 ‘‘(C) necessary transportation, temporary 

19 housing, and child care expenses; 

20 ‘‘(D) lost income; 

21 ‘‘(E) attorneys’ fees, as well as other costs 

22 incurred; and 

23 ‘‘(F) any other relevant losses incurred by 

24 the victim. 


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1 ‘‘(3) TRAFFICKING IN CHILD PORNOGRAPHY.— 

2 For purposes of this section and section 2259A, the 

3 term ‘trafficking in child pornography’ means con4 duct proscribed by section 2251(d), 2251A, 2252, 

5 2252A, section 2252A(g) if at least one of the of6 fenses listed in this section is charged as part of a 

7 series of offenses (in cases in which the series of fel8 ony violations exclusively involves violations listed in 

9 this section), or section 2260(b) ).’’. 

10 (c) CLERICAL AMENDMENT.—Section 1593(b)(3) of 

11 title 18, United States Code, is amended by striking ‘‘sec12 tion 2259(b)(3)’’ and inserting ‘‘section 2259(c)(2)’’. 

13 SEC. 4. DEFINED MONETARY ASSISTANCE. 

14 Section 2259 of title 18, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(d) DEFINED MONETARY ASSISTANCE.— 

17 ‘‘(1) DEFINED MONETARY ASSISTANCE MADE

18 AVAILABLE AT VICTIM’S ELECTION.— 

19 ‘‘(A) ELECTION TO RECEIVE DEFINED

20 MONETARY ASSISTANCE.—Subject to para21 graphs (2) and (3), if the defendant was con22 victed of child pornography production, the vic23 tim of child pornography production may choose 

24 to receive defined monetary assistance from the 

25 Child Pornography Victims’ Reserve established 


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1 under section 1402(d)(6) of the Victims of 

2 Crime Act of 1984. 

3 ‘‘(B) FINDING.—To be eligible for defined 

4 monetary assistance under this subsection, a 

5 court shall determine whether the claimant is a 

6 victim of the defendant who was convicted of 

7 child pornography production. 

8 ‘‘(C) ORDER.—If a court determines that 

9 a claimant is a victim of child pornography pro10 duction under subparagraph (B) and the claim11 ant chooses to receive defined monetary assist12 ance, the court shall order payment in accord13 ance with subparagraph (D) to the victim from 

14 the Child Pornography Victims’ Reserve estab15 lished under section 1402(d)(6) of the Victims 

16 of Crime Act of 1984. 

17 ‘‘(D) AMOUNT OF DEFINED MONETARY AS18 SISTANCE.—The amount of defined monetary 

19 assistance payable under this subparagraph 

20 shall be equal to— 

21 ‘‘(i) for the first calendar year after 

22 the date of enactment of this subsection, 

23 $35,000; and 


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1 ‘‘(ii) for each calendar year after the 

2 year described in clause (i), $35,000 multi3 plied by the ratio (not less than one) of— 

4 ‘‘(I) the Consumer Price Index 

5 for all Urban Consumer (CPI-U, as 

6 published by the Bureau of Labor 

7 Statistics of the Department of 

8 Labor) for the calendar year pre9 ceding such calendar year; to 

10 ‘‘(II) the CPI-U for the calendar 

11 year 2 years before the calendar year 

12 described in clause (i). 

13 ‘‘(2) LIMITATIONS ON DEFINED MONETARY AS14 SISTANCE.— 

15 ‘‘(A) IN GENERAL.—A victim may only ob16 tain defined monetary assistance under this 

17 subsection once. 

18 ‘‘(B) EFFECT ON RECOVERY OF OTHER

19 RESTITUTION.—A victim who obtains defined 

20 monetary assistance under this subsection shall 

21 not be barred or limited from receiving restitu22 tion against any defendant for any offenses not 

23 covered by this section. 

24 ‘‘(C) DEDUCTION.—If a victim who re25 ceived defined monetary assistance under this 


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1 subsection subsequently seeks restitution under 

2 this section, the court shall deduct the amount 

3 the victim received in defined monetary assist4 ance when determining the full amount of the 

5 victim’s losses. 

6 ‘‘(3) LIMITATIONS ON ELIGIBILITY.—A victim 

7 who has collected payment of restitution pursuant to 

8 this section in an amount greater than the amount 

9 provided for under paragraph (1)(D) shall be ineli10 gible to receive defined monetary assistance under 

11 this subsection. 

12 ‘‘(4) GUARDIAN AD LITEM.— 

13 ‘‘(A) IN GENERAL.—In all cases alleging 

14 child pornography production, the court shall 

15 appoint a guardian ad litem, who shall be an 

16 attorney, for each identified victim of the child 

17 pornography production, pursuant to section 

18 3509(h). 

19 ‘‘(B) FEES.—A guardian ad litem ap20 pointed pursuant to this subsection may not 

21 charge, receive, or collect, without court ap22 proval for good cause shown, any fees or pay23 ment of expenses that in the aggregate exceed 

24 10 percent of any defined monetary assistance 

25 payment made under this subsection. 


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1 ‘‘(C) PENALTY.—Any guardian ad litem 

2 who violates subparagraph (B) shall be fined 

3 under this title, imprisoned for not more than 

4 one year, or both.’’. 

5 SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. 

6 (a) ASSESSMENTS IN CHILD PORNOGRAPHY

7 CASES.—Chapter 110 of title 18, United States Code, is 

8 amended by inserting after section 2259 the following: 

9 ‘‘§ 2259A. Assessments in child pornography cases 

10 ‘‘(a) IN GENERAL.—In addition to any other criminal 

11 penalty, restitution, or special assessment authorized by 

12 law, the court shall assess— 

13 ‘‘(1) not more than $17,000 on any person con14 victed of an offense under section 2252(a)(4) or 

15 2252A(a)(5); 

16 ‘‘(2) not more than $35,000 on any person con17 victed of any other offense for trafficking in child 

18 pornography; and 

19 ‘‘(3) not more than $50,000 on any person con20 victed of a child pornography production offense. 

21 ‘‘(b) ANNUAL ADJUSTMENT.—The dollar amounts in 

22 subsection (a) shall be adjusted annually in conformity 

23 with the Consumer Price Index. 

24 ‘‘(c) FACTORS CONSIDERED.—In determining the 

25 amount of the assessment under subsection (a), the court 


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1 shall consider the factors set forth in sections 3553(a) and 

2 3572. 

3 ‘‘(d) IMPOSITION AND IMPLEMENTATION.— 

4 ‘‘(1) IN GENERAL.—The provisions of sub5 chapter C of chapter 227 (other than section 3571) 

6 and subchapter B of chapter 229 (relating to fines) 

7 apply to assessments under this section, except that 

8 paragraph (2) applies in lieu of any contrary provi9 sions of law relating to fines or disbursement of 

10 money received from a defendant. 

11 ‘‘(2) EFFECT ON OTHER PENALTIES.—Imposi12 tion of an assessment under this section does not re13 lieve a defendant of, or entitle a defendant to reduce 

14 the amount of any other penalty by the amount of 

15 the assessment. Any money received from a defend16 ant shall be disbursed so that each of the following 

17 obligations is paid in full in the following sequence: 

18 ‘‘(A) A special assessment under section 

19 3013. 

20 ‘‘(B) Restitution to victims of any child 

21 pornography production offense that the de22 fendant committed. 

23 ‘‘(C) An assessment under this section and 

24 restitution to victims of any trafficking in child 

25 pornography offenses. 


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1 ‘‘(D) Other orders under any other section 

2 of this title. 

3 ‘‘(E) All other fines, penalties, costs, and 

4 other payments required under the sentence.’’. 

5 (b) CHILD PORNOGRAPHY VICTIMS RESERVE.—Sec6 tion 1402(d) the Victims of Crime Act of 1984 (34 U.S.C. 

7 20101(d)) is amended by adding at the end the following: 

8 ‘‘(6)(A) The Director may set aside up to 

9 $10,000,000 of the amounts remaining in the Fund in any 

10 fiscal year after distributing the amounts under para11 graphs (2), (3), and (4), in a Child Pornography Victims 

12 Reserve, which may be used by the Attorney General for 

13 payments under section 2259(d) of title 18, United States 

14 Code. 

15 ‘‘(B) Amounts in the reserve may be carried over 

16 from fiscal year to fiscal year, but the total amount of 

17 the reserve shall not exceed $10,000,000. Notwithstanding 

18 subsection (c) and any limitation on Fund obligations in 

19 any future Act, unless the same should expressly refer to 

20 this section, any such amounts carried over shall not be 

21 subject to any limitation on obligations from amounts de22 posited to or available in the Fund.’’. 

23 (c) CHILD PORNOGRAPHY VICTIMS RESERVE.— 

24 Chapter 110 of title 18, United States Code, is amended 


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1 by inserting after section 2259A, as added by subsection 

2 (a), the following: 

3 ‘‘§ 2259B. Child pornography victims reserve 

4 ‘‘(a) DEPOSITS INTO THE RESERVE.—Notwith5 standing any other provision of law, there shall be depos6 ited into the Child Pornography Victims Reserve estab7 lished under section 1402(d)(6) of the Victims of Crime 

8 Act of 1984 all assessments collected under section 2259A 

9 and any gifts, bequests, or donations to the Child Pornog10 raphy Victims Reserve from private entities or individuals. 

11 ‘‘(b) AVAILABILITY FOR DEFINED MONETARY AS12 SISTANCE.—Amounts in the Child Pornography Victims 

13 Reserve shall be available for payment of defined monetary 

14 assistance pursuant to section 2259(d). If at any time the 

15 Child Pornography Victims Reserve has insufficient funds 

16 to make all of the payments ordered under section 

17 2259(d), the Child Pornography Victims Reserve shall 

18 make such payments as it can satisfy in full from available 

19 funds. In determining the order in which such payments 

20 shall be made, the Child Pornography Victims Reserve 

21 shall make payments based on the date they were ordered, 

22 with the earliest-ordered payments made first. 

23 ‘‘(c) ADMINISTRATION.—The Attorney General shall 

24 administer the Child Pornography Victims Reserve and 


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1 shall issue guidelines and regulations to implement this 

2 section. 

3 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con4 gress that individuals who violate this chapter before this 

5 legislation is enacted, but who are sentenced after this leg6 islation is enacted, shall be subject to the statutory scheme 

7 that was in effect at the time the offenses were com8 mitted.’’. 

9 (d) CLERICAL AMENDMENT.—The table of sections 

10 for chapter 110 of title 18, United States Code, is amend11 ed by inserting after the item relating to section 2259 the 

12 following: 

‘‘2259A. Assessments in child pornography cases. 

‘‘2259B. Child pornography victims reserve.’’. 

13 SEC. 6. CHILD PORNOGRAPHY VICTIM’S RIGHT TO EVI14 DENCE. 

15 Section 3509(m) of title 18, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(3)(A) In any criminal proceeding, a victim of 

18 trafficking in child pornography or child pornog19 raphy production, as those terms are defined in sec20 tion 2259(c), shall have access to any property or 

21 material that constitutes child pornography, as de22 fined by section 2256, depicting the victim, for in23 spection, viewing, and examination at a Government 

24 facility, by the victim, his or her attorney, and any 


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1 individual the victim may seek to qualify to furnish 

2 expert testimony. 

3 ‘‘(B) A victim of trafficking in child pornog4 raphy or child pornography production, as those 

5 terms are defined in section 2259(c), his or her at6 torney, and any individual the victim may seek to 

7 qualify to furnish expert testimony may not copy, 

8 photograph, duplicate, or otherwise reproduce any 

9 property or material that constitutes child pornog10 raphy, as defined by section 2256 of this title, so 

11 long as the Government makes the property or mate12 rial reasonably available to the victim, his or her at13 torney, and any individual the victim may seek to 

14 qualify to furnish expert testimony.’’. 

15 SEC. 7. CLERICAL AMENDMENTS. 

16 (a) EXPANSION OF CIVIL REMEDIES FOR SATISFAC17 TION OF AN UNPAID FINE.—Section 3613(c) of title 18, 

18 United States Code, is amended by inserting ‘‘an assess19 ment imposed pursuant to section 2259A of this title,’’ 

20 after ‘‘pursuant to the provisions of subchapter C of chap21 ter 227 of this title,’’. 

22 (b) CLARIFICATION OF INTERSTATE OR FOREIGN

23 COMMERCE PROVISION REGARDING CERTAIN ACTIVITIES

24 PERTAINING TO CHILD PORNOGRAPHY.—Section 2252A 

25 (a)(2) of title 18, United States Code, is amended— 


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1 (1) in subparagraph (A)— 

2 (A) by striking ‘‘using any means or facil3 ity of interstate or foreign commerce’’ and in4 serting ‘‘has been’’; and 

5 (B) by inserting ‘‘using any means or facil6 ity of interstate or foreign commerce or’’ after 

7 ‘‘child pornography’’; and 

8 (2) in subparagraph (B)— 

9 (A) by striking ‘‘using any means or facil10 ity of interstate or foreign commerce’’ and in11 serting ‘‘has been’’; and 

12 (B) by inserting ‘‘using any means or facil13 ity of interstate or foreign commerce or’’ after 

14 ‘‘child pornography’’. 

15 (c) CLARIFICATION OF THE DEFINITION OF ‘‘SEXU16 ALLY EXPLICIT CONDUCT’’.—Section 2256(2) of title 18, 

17 United States Code, is amended— 

18 (1) in subparagraph (A)(v)— 

19 (A) by inserting ‘‘anus,’’ before ‘‘genitals’’; 

20 and 

21 (B) by inserting a comma after ‘‘genitals’’; 

22 and 

23 (2) in subparagraph (B)(iii)— 

24 (A) by inserting ‘‘anus,’’ before ‘‘genitals’’; 

25 and 


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1 (B) by inserting a comma after ‘‘genitals’’. 

2 (d) CLARIFICATION OF THE EXTENT OF THE OF3 FENSE OF COERCION AND ENTICEMENT OF A MINOR.— 

4 Section 3559(e)(2)(A) of title 18, United States Code, is 

5 amended by striking ‘‘into prostitution’’. 

6 SEC. 8. REPORT ON IMPLEMENTATION. 

7 Not later than 24 months after the date of enactment 

8 of this Act, the Attorney General shall submit to Congress 

9 a report on the progress of the Department of Justice in 

10 implementing the amendments made by sections 3 

11 through 5. 


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Calendar No. 293 

115TH CONGRESS 

2D SESSION S. 2152 

A BILL 

To amend title 18, United States Code, to provide 

and for other purposes. for assistance for victims of child pornography, 

JANUARY 16, 2018 

Reported with amendments 


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