S. 2152 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

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

child pornography, 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, Vicky, and Andy Child 

Pornography Victim Assistance Act of 2018’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The demand for child pornography harms children 

because it drives production, which involves severe child sexual 

abuse and exploitation. 

(2) The harms caused by child pornography begin, but 

do not end, with child sex assault because child pornography 

is a permanent record of that abuse and trafficking in those 

images compounds the harm to the child. 

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

recognized that ‘‘every viewing of child pornography is a repetition of the victim’s abuse’’. 

(4) The American Professional Society on the Abuse of 

Children has stated that for victims of child pornography, ‘‘the 

sexual abuse of the child, the memorialization of that abuse 

which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each 

compound the harm suffered by the child-victim’’. 

(5) 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. 

(6) 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. 

(7) It is the intent of Congress that victims of child pornography be compensated for the harms resulting from every perpetrator who contributes to their anguish. Such an aggregate 

causation standard reflects the nature of child pornography 

and the unique ways that it actually harms victims. 
S. 2152—2 

SEC. 3. DETERMINING RESTITUTION. 

(a) DETERMINING RESTITUTION.—Section 2259(b) of title 18, 

United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘The order’’ and inserting ‘‘Except as 

provided in paragraph (2), the order’’; and 

(B) by striking ‘‘as determined by the court pursuant 

to paragraph (2)’’ after ‘‘of the victim’s losses’’; 

(2) by striking paragraph (3); 

(3) by redesignating paragraph (2) as paragraph (3); and 

(4) by inserting after paragraph (1) the following: 

‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD PORNOG- RAPHY.—If the defendant was convicted of trafficking in child 

pornography, the court shall order restitution under this section 

in an amount to be determined by the court as follows: 

‘‘(A) DETERMINING THE FULL AMOUNT OF A VICTIM’S

LOSSES.—The court shall determine the full amount of the 

victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the 

trafficking in child pornography depicting the victim. 

‘‘(B) DETERMINING A RESTITUTION AMOUNT.—After completing the determination required under subparagraph 

(A), the court shall order 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. 

‘‘(C) TERMINATION OF PAYMENT.—A victim’s total aggregate recovery pursuant to this section shall not exceed 

the full amount of the victim’s demonstrated losses. After 

the victim has received restitution in the full amount of 

the victim’s losses as measured by the greatest amount 

of such losses found in any case involving that victim 

that has resulted in a final restitution order under this 

section, the liability of each defendant who is or has been 

ordered to pay restitution for such losses to that victim 

shall be terminated. The court may require the victim 

to provide information concerning the amount of restitution 

the victim has been paid in other cases for the same 

losses.’’. 

(b) ADDITIONAL DEFINITIONS.—Section 2259(c) of title 18, 

United States Code, is amended— 

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

‘‘DEFINITIONS’’; 

(2) by striking ‘‘For purposes’’ and inserting the following: 

‘‘(4) VICTIM.—For purposes’’; 

(3) by striking ‘‘under this chapter, including, in the case’’ 

and inserting ‘‘under this chapter. In the case’’; 

(4) by inserting after ‘‘or any other person appointed as 

suitable by the court,’’ the following: ‘‘may assume the crime 

victim’s rights under this section,’’; and 

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

the following: 

‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For purposes of 

this section and section 2259A, the term ‘child pornography 

production’ means conduct proscribed by subsections (a) 

through (c) of section 2251, section 2251A, section 2252A(g) 

(in cases in which the series of felony violations involves at 
S. 2152—3 

least 1 of the violations listed in this subsection), section 

2260(a), or any offense under chapter 109A or chapter 117 

that involved the production of child pornography (as such 

term is defined in section 2256). 

‘‘(2) FULL AMOUNT OF THE VICTIM’S LOSSES.—For purposes 

of this subsection, the term ‘full amount of the victim’s losses’ 

includes any costs incurred, or that are reasonably projected 

to be incurred in the future, by the victim, as a proximate 

result of the offenses involving the victim, and in the case 

of trafficking in child pornography offenses, as a proximate 

result of all trafficking in child pornography offenses involving 

the same victim, including— 

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

or psychological care; 

‘‘(B) physical and occupational therapy or rehabilitation; 

‘‘(C) necessary transportation, temporary housing, and 

child care expenses; 

‘‘(D) lost income; 

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

incurred; and 

‘‘(F) any other relevant losses incurred by the victim. 

‘‘(3) TRAFFICKING IN CHILD PORNOGRAPHY.—For purposes 

of this section and section 2259A, the term ‘trafficking in child 

pornography’ means conduct proscribed by section 2251(d), 

2252, 2252A(a)(1) through (5), 2252A(g)(in cases in which the 

series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 

2260(b).’’. 

(c) CLERICAL AMENDMENT.—Section 1593(b)(3) of title 18, 

United States Code, is amended by striking ‘‘section 2259(b)(3)’’ 

and inserting ‘‘section 2259(c)(2)’’. 

SEC. 4. DEFINED MONETARY ASSISTANCE. 

Section 2259 of title 18, United States Code, is amended by 

adding at the end the following: 

‘‘(d) DEFINED MONETARY ASSISTANCE.— 

‘‘(1) DEFINED MONETARY ASSISTANCE MADE AVAILABLE AT

VICTIM’S ELECTION.— 

‘‘(A) ELECTION TO RECEIVE DEFINED MONETARY ASSISTANCE.—Subject to paragraphs (2) and (3), when a defendant 

is convicted of trafficking in child pornography, any victim 

of that trafficking in child pornography may choose to 

receive defined monetary assistance from the Child Pornography Victims Reserve established under section 1402(d)(6) 

of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)). 

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

assistance under this subsection, a court shall determine 

whether the claimant is a victim of the defendant who 

was convicted of trafficking in child pornography. 

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

is a victim of trafficking in child pornography under 

subparagraph (B) and the claimant chooses to receive 

defined monetary assistance, the court shall order payment 

in accordance with subparagraph (D) to the victim from 

the Child Pornography Victims Reserve established under 

section 1402(d)(6) of the Victims of Crime Act of 1984. 
S. 2152—4 

‘‘(D) AMOUNT OF DEFINED MONETARY ASSISTANCE.—The 

amount of defined monetary assistance payable under this 

subparagraph shall be equal to— 

‘‘(i) for the first calendar year after the date of 

enactment of this subsection, $35,000; and 

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

in clause (i), $35,000 multiplied by the ratio (not less 

than one) of— 

‘‘(I) the Consumer Price Index for all Urban 

Consumers (CPI–U, as published by the Bureau 

of Labor Statistics of the Department of Labor) 

for the calendar year preceding such calendar year; 

to 

‘‘(II) the CPI–U for the calendar year 2 years 

before the calendar year described in clause (i). 

‘‘(2) LIMITATIONS ON DEFINED MONETARY ASSISTANCE.— 

‘‘(A) IN GENERAL.—A victim may only obtain defined 

monetary assistance under this subsection once. 

‘‘(B) EFFECT ON RECOVERY OF OTHER RESTITUTION.— 

A victim who obtains defined monetary assistance under 

this subsection shall not be barred or limited from receiving 

restitution against any defendant for any offenses not covered by this section. 

‘‘(C) DEDUCTION.—If a victim who received defined 

monetary assistance under this subsection subsequently 

seeks restitution under this section, the court shall deduct 

the amount the victim received in defined monetary assistance when determining the full amount of the victim’s 

losses. 

‘‘(3) LIMITATIONS ON ELIGIBILITY.—A victim who has collected payment of restitution pursuant to this section in an 

amount greater than the amount provided for under paragraph 

(1)(D) shall be ineligible to receive defined monetary assistance 

under this subsection. 

‘‘(4) ATTORNEY FEES.— 

‘‘(A) IN GENERAL.—An attorney representing a victim 

seeking defined monetary assistance under this subsection 

may not charge, receive, or collect, and the court may 

not approve, any payment of fees and costs that in the 

aggregate exceeds 15 percent of any payment made under 

this subsection. 

‘‘(B) PENALTY.—An attorney who violates subparagraph 

(A) shall be fined under this title, imprisoned not more 

than 1 year, or both.’’. 

SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. 

(a) ASSESSMENTS IN CHILD PORNOGRAPHY CASES.—Chapter 110 

of title 18, United States Code, is amended by inserting after 

section 2259 the following: 

‘‘§ 2259A. Assessments in child pornography cases 

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

restitution, or special assessment authorized by law, the court shall 

assess— 

‘‘(1) not more than $17,000 on any person convicted of 

an offense under section 2252(a)(4) or 2252A(a)(5); 
S. 2152—5 

‘‘(2) not more than $35,000 on any person convicted of 

any other offense for trafficking in child pornography; and ‘‘(3) not more than $50,000 on any person convicted of 

a child pornography production offense. 

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

(a) shall be adjusted annually in conformity with the Consumer 

Price Index. 

‘‘(c) FACTORS CONSIDERED.—In determining the amount of the 

assessment under subsection (a), the court shall consider the factors 

set forth in sections 3553(a) and 3572. 

‘‘(d) IMPOSITION AND IMPLEMENTATION.— ‘‘(1) IN GENERAL.—The provisions of subchapter C of 

chapter 227 (other than section 3571) and subchapter B of 

chapter 229 (relating to fines) apply to assessments under 

this section, except that paragraph (2) applies in lieu of any 

contrary provisions of law relating to fines or disbursement 

of money received from a defendant. 

‘‘(2) EFFECT ON OTHER PENALTIES.—Imposition of an assessment under this section does not relieve a defendant of, or 

entitle a defendant to reduce the amount of any other penalty 

by the amount of the assessment. Any money received from 

a defendant shall be disbursed so that each of the following 

obligations is paid in full in the following sequence: 

‘‘(A) A special assessment under section 3013. 

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

production or trafficking offense that the defendant committed. 

‘‘(C) An assessment under this section. 

‘‘(D) Other orders under any other section of this title. 

‘‘(E) All other fines, penalties, costs, and other payments required under the sentence.’’. 

(b) CHILD PORNOGRAPHY VICTIMS RESERVE.—Section 1402(d) 

of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended 

by adding at the end the following: 

‘‘(6)(A) The Director may set aside up to $10,000,000 of 

the amounts remaining in the Fund in any fiscal year after 

distributing the amounts under paragraphs (2), (3), and (4), 

in a Child Pornography Victims Reserve, which may be used 

by the Attorney General for payments under section 2259(d) 

of title 18, United States Code. 

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

fiscal year to fiscal year, but the total amount of the reserve 

shall not exceed $10,000,000. Notwithstanding subsection (c) 

and any limitation on Fund obligations in any future Act, 

unless the same should expressly refer to this section, any 

such amounts carried over shall not be subject to any limitation 

on obligations from amounts deposited to or available in the 

Fund.’’. 

(c) CHILD PORNOGRAPHY VICTIMS RESERVE.—Chapter 110 of 

title 18, United States Code, is amended by inserting after section 

2259A, as added by subsection (a), the following: 

‘‘§ 2259B. Child pornography victims reserve 

‘‘(a) DEPOSITS INTO THE RESERVE.—Notwithstanding any other 

provision of law, there shall be deposited into the Child Pornography 

Victims Reserve established under section 1402(d)(6) of the Victims 

of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected 
S. 2152—6 

under section 2259A and any gifts, bequests, or donations to the 

Child Pornography Victims Reserve from private entities or individuals. 

‘‘(b) AVAILABILITY FOR DEFINED MONETARY ASSISTANCE.— 

Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 

2259(d). If at any time the Child Pornography Victims Reserve 

has insufficient funds to make all of the payments ordered under 

section 2259(d), the Child Pornography Victims Reserve shall make 

such payments as it can satisfy in full from available funds. In 

determining the order in which such payments shall be made, 

the Child Pornography Victims Reserve shall make payments based 

on the date they were ordered, with the earliest-ordered payments 

made first. 

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

the Child Pornography Victims Reserve and shall issue guidelines 

and regulations to implement this section. 

‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that 

individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, but who are sentenced after such date, shall 

be subject to the statutory scheme that was in effect at the time 

the offenses were committed.’’. 

(d) CLERICAL AMENDMENT.—The table of sections for chapter 

110 of title 18, United States Code, is amended by inserting after 

the item relating to section 2259 the following: 

‘‘2259A. Assessments in child pornography cases 

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

SEC. 6. CHILD PORNOGRAPHY VICTIM’S RIGHT TO EVIDENCE. 

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

by adding at the end the following: 

‘‘(3) In any criminal proceeding, a victim, as defined under 

section 2259(c)(4), shall have reasonable access to any property 

or material that constitutes child pornography, as defined under 

section 2256(8), depicting the victim, for inspection, viewing, 

and examination at a Government facility or court, by the 

victim, his or her attorney, and any individual the victim may 

seek to qualify to furnish expert testimony, but under no circumstances may such child pornography be copied, photographed, duplicated, or otherwise reproduced. Such property 

or material may be redacted to protect the privacy of third 

parties.’’. 

SEC. 7. CLERICAL AMENDMENTS. 

(a) EXPANSION OF CIVIL REMEDIES FOR SATISFACTION OF AN

UNPAID FINE.—Section 3613(c) of title 18, United States Code, 

is amended by inserting ‘‘an assessment imposed pursuant to section 

2259A of this title,’’ after ‘‘pursuant to the provisions of subchapter 

C of chapter 227 of this title,’’. 

(b) CLARIFICATION OF INTERSTATE OR FOREIGN COMMERCE

PROVISION REGARDING CERTAIN ACTIVITIES PERTAINING TO CHILD

PORNOGRAPHY.—Section 2252A (a)(2) of title 18, United States Code, 

is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘using any means or facility of interstate or foreign commerce’’ and inserting ‘‘has been’’; and 
S. 2152—7 

(B) by inserting ‘‘using any means or facility of interstate or foreign commerce or’’ after ‘‘child pornography’’; 

and 

(2) in subparagraph (B)— 

(A) by striking ‘‘using any means or facility of interstate or foreign commerce’’ and inserting ‘‘has been’’; and 

(B) by inserting ‘‘using any means or facility of interstate or foreign commerce or’’ after ‘‘child pornography’’. 

(c) CLARIFICATION OF THE DEFINITION OF ‘‘SEXUALLY EXPLICIT

CONDUCT’’.—Section 2256(2) of title 18, United States Code, is 

amended— 

(1) in subparagraph (A)(v)— 

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

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

(2) in subparagraph (B)(iii)— 

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

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

SEC. 8. REPORTS. 

Not later than 2 years after the date of enactment of this 

Act, the Attorney General shall submit to Congress a report on 

the progress of the Department of Justice in implementing the 

amendments made by sections 3 through 5, and shall include an 

assessment of the funding levels for the Child Pornography Victims 

Reserve. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.