II 

113TH CONGRESS 

2D SESSION S. 2344 

To amend section 2259 of title 18, United States Code. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2014 

Mr. TOOMEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend section 2259 of title 18, United States Code. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Amy Act 

5 of 2014’’. 

6 SEC. 2. MANDATORY RESTITUTION. 

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

8 amended to read as follows: 

9 ‘‘§ 2259. Mandatory restitution 

10 ‘‘(a) MANDATORY RESTITUTION.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding section 

12 3663 or 3663A, and in addition to any other civil 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 2344 IS

1 or criminal penalty authorized by law, the court 

2 shall order restitution for any offense under this 

3 chapter. 

4 ‘‘(2) REQUIREMENTS.—Under this section— 

5 ‘‘(A) the issuance of a restitution order is 

6 mandatory; and 

7 ‘‘(B) a court may not decline to issue a 

8 restitution order because of— 

9 ‘‘(i) the economic circumstances of the 

10 defendant; or 

11 ‘‘(ii) the fact that a victim has re12 ceived, or is entitled to receive, compensa13 tion for his or her injuries from the pro14 ceeds of insurance or any other source. 

15 ‘‘(b) RESTITUTION FOR CHILD PORNOGRAPHY OF16 FENSES.— 

17 ‘‘(1) CALCULATION OF VICTIM’S LOSSES.—For 

18 a victim of a child pornography offense, the court 

19 shall apply the principle of aggregate causation to 

20 determine the full amount of the victim’s losses 

21 caused by the child pornography offense and all re22 lated sexual abuse offenses committed by all persons 

23 against the victim. The amount of victim’s losses 

24 shall include any costs incurred by the victim for— 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 2344 IS

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

2 psychiatric, or psychological care; 

3 ‘‘(B) physical and occupational therapy or 

4 rehabilitation; 

5 ‘‘(C) necessary transportation, temporary 

6 housing, and child care expenses; 

7 ‘‘(D) lost income; 

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

9 incurred; and 

10 ‘‘(F) any other losses aggregately caused 

11 by the offenses. 

12 ‘‘(2) ENFORCEMENT.—An order of restitution 

13 for a child pornography offense shall— 

14 ‘‘(A) direct the defendant to pay the victim 

15 (through the appropriate court mechanism) the 

16 full amount of the victim’s losses determined 

17 under paragraph (1); and 

18 ‘‘(B) be issued and enforced in accordance 

19 with subsections (a) through (d) and sub20 sections (f) through (p) of section 3664. 

21 ‘‘(3) JOINT AND SEVERAL LIABILITY.—A de22 fendant convicted of a child pornography offense or 

23 a related sexual abuse offense against a victim shall 

24 be jointly and severally liable for the victim’s losses 

25 determined under paragraph (1) and each defendant 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 2344 IS

1 found to be jointly and severally liable shall pay an 

2 equal percentage of such losses. 

3 ‘‘(4) CONTRIBUTION.— 

4 ‘‘(A) SUIT BY CONVICTED DEFENDANTS.— 

5 A defendant convicted of a child pornography 

6 offense or a related sexual abuse offense 

7 against a victim may bring a civil action in a 

8 district court of the United States, based upon 

9 a preponderance of the evidence, for contribu10 tion against all other persons who have com11 mitted a related sexual abuse offense against 

12 the victim. 

13 ‘‘(B) SUIT BY OTHER PERSONS.—A person 

14 who has been held jointly or severally liable in 

15 a civil action under subparagraph (C)(iii) may 

16 bring a civil action in a district court of the 

17 United States for contribution against all other 

18 persons who have committed a related sexual 

19 abuse offense against the victim. 

20 ‘‘(C) REQUIREMENTS FOR CIVIL ACTION.— 

21 In a civil action filed under subparagraph (A) 

22 or (B)— 

23 ‘‘(i) the identity of the respondent in 

24 the civil action shall be kept confidential if 

25 the respondent has not been convicted of 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 2344 IS

1 the offense alleged in the civil action, ex2 cept that the identity of the respondent— 

3 ‘‘(I) may be released by the 

4 Court to a Federal or local law en5 forcement agency for law enforcement 

6 purposes; and 

7 ‘‘(II) shall be made public if the 

8 respondent— 

9 ‘‘(aa) enters into a settle10 ment agreement in the civil ac11 tion; or 

12 ‘‘(bb) is held liable in the 

13 civil action; 

14 ‘‘(ii) the court shall determine wheth15 er the petitioner is entitled to contribution 

16 based on a preponderance of the evidence; 

17 ‘‘(iii) the court shall determine wheth18 er the respondent has committed a related 

19 sexual abuse offense against the victim 

20 based on a preponderance of the evidence; 

21 ‘‘(iv) if the court finds that the re22 spondent has committed a related sexual 

23 abuse offense against the victim, the re24 spondent shall be jointly and severally liaVerDate Mar 15 2010 23:38 May 22, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2344.IS S2344

tjames on DSK6SPTVN1PROD with BILLS
6 

•S 2344 IS

1 ble for the victim’s losses determined under 

2 paragraph (1); 

3 ‘‘(v) the court shall order each person 

4 found to be jointly and severally liable for 

5 the victim’s losses determined under para6 graph (1) to pay an equal percentage of 

7 such losses; and 

8 ‘‘(vi) in the case of a settlement 

9 agreement, if the petitioner has not paid in 

10 full the amount owed to the victim under 

11 an order of restitution entered under this 

12 section, any payment agreed to be made by 

13 the respondent shall be paid directly to the 

14 victim. 

15 ‘‘(c) RESTITUTION FOR OTHER OFFENSES UNDER

16 THIS CHAPTER.— 

17 ‘‘(1) CALCULATION OF VICTIM’S LOSSES.—The 

18 order of restitution for an offense committed under 

19 this chapter, other than a child pornography offense, 

20 shall direct the defendant to pay the victim (through 

21 the appropriate court mechanism) the full amount of 

22 the victim’s losses suffered as a proximate result of 

23 the defendant’s offense. The amount shall include 

24 any costs incurred by the victim for— 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 2344 IS

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

2 psychiatric, or psychological care; 

3 ‘‘(B) physical and occupational therapy or 

4 rehabilitation; 

5 ‘‘(C) necessary transportation, temporary 

6 housing, and child care expenses; 

7 ‘‘(D) lost income; 

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

9 incurred; and 

10 ‘‘(F) any other losses proximately caused 

11 by the offense. 

12 ‘‘(2) ENFORCEMENT.—An order of restitution 

13 for an offense committed under this chapter, other 

14 than a child pornography offense, shall be issued 

15 and enforced in accordance with section 3664. 

16 ‘‘(d) DEFINITIONS.—For purposes of this section— 

17 ‘‘(1) the term ‘child pornography offense’ 

18 means an offense committed under section 2251, 

19 2251A, 2252, 2252A, or 2260; 

20 ‘‘(2) the term ‘related sexual abuse offense’ 

21 means any offense committed under section 2251, 

22 2251A, 2252, 2252A, or 2260 against a victim of a 

23 child pornography offense that is related to the pro24 duction, transport, shipping, distribution, mail, sale, 

25 receipt, access, possession, or viewing of a visual deVerDate Mar 15 2010 23:38 May 22, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2344.IS S2344

tjames on DSK6SPTVN1PROD with BILLS
8 

•S 2344 IS

1 piction (as described in section 2251, 2251A, 2252, 

2 or 2260) or child pornography (as described in sec3 tion 2252A) that is the subject of the child pornog4 raphy offense against the victim; and 

5 ‘‘(3) the term ‘victim’ means the individual 

6 harmed as a result of a commission of a crime under 

7 this chapter, including, in the case of a victim who 

8 is under 18 years of age, incompetent, incapacitated, 

9 or deceased, the legal guardian of the victim or rep10 resentative of the victim’s estate, another family 

11 member, or any other person appointed as suitable 

12 by the court, but in no event shall the defendant be 

13 named as such representative or guardian.’’. 

14 SEC. 3. REPORT. 

15 Not later than 1 year after the date of enactment 

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

17 a report on the efforts of the Department of Justice to 

18 collect restitution for victims of child pornography. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS