I 
114TH CONGRESS 
1ST SESSION 
H. R. 595 
To amend section 2259 of title 18, United States Code, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2015 
Mr. CARTWRIGHT (for himself, Mr. BLUMENAUER, Mrs. BROOKS of Indiana, 
Mr. CHABOT, Mr. CICILLINE, Ms. CLARK of Massachusetts, Mr. CLAY, 
Mr. COHEN, Mr. CUMMINGS, Mr. RODNEY DAVIS of Illinois, Mrs. DAVIS 
of California, Ms. DELBENE, Ms. DEGETTE, Ms. DELAURO, Mr. 
FRANKS of Arizona, Mr. GIBSON, Mr. GOWDY, Mr. ISRAEL, Ms. JACKSON 
LEE, Mr. JOHNSON of Ohio, Ms. KELLY of Illinois, Ms. KUSTER, Mr. 
LANCE, Mr. LARSON of Connecticut, Mrs. CAROLYN B. MALONEY of New 
York, Mr. MARINO, Ms. MCCOLLUM, Mr. MEADOWS, Mr. MEEHAN, Mr. 
MEEKS, Ms. NORTON, Mr. RANGEL, Mr. REICHERT, Mr. RUIZ, Mr. TIP-
TON, Mr. VAN HOLLEN, Mr. VARGAS, Mr. WEBER of Texas, Mr. GRIF-
FITH, Mr. COOPER, Mr. HONDA, Ms. KAPTUR, Mr. JOYCE, Mr. MULLIN, 
Mr. FARR, and Ms. CHU of California) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend section 2259 of title 18, United States Code, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
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 perma-
nent record of the abuse of the depicted child, and 
the harm to the child is exacerbated by its circula-
tion. Every viewing of child pornography is a repeti-
tion of the victim’s original childhood sexual abuse. 
(3) Victims suffer continuing and grievous 
harm as a result of knowing that a large, indetermi-
nate 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 in-
dividual who reproduces, distributes, or possesses 
the images of a victim’s childhood sexual abuse plays 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
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 rec-
ognizing appropriate constitutional limits and pro-
tections 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: 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 conduct (as those terms are defined in section 
2246) in preparation for or during the production of 
child pornography depicting the victim involved in 
the offense.’’; 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
(2) by redesignating subsection (c) as sub-
section (d); 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DETERMINING RESTITUTION.— 
‘‘(1) HARMED BY ONE DEFENDANT.—If the vic-
tim 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 de-
fendant 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 DEFEND-
ANT.—If the victim was harmed as a result of of-
fenses under section 2251, 2251A, 2252, 2252A, or 
2260 by more than 1 person, regardless of whether 
the persons have been charged, prosecuted, or con-
victed in any Federal or State court of competent ju-
risdiction 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 vic-
tim for— 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 of-
fenses under section 2251(a), 2251(b), 
2251(c), 2251A, 2252A(g), or 2260(a); 
‘‘(ii) $150,000 for any offense or of-
fenses 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 of-
fenses 
under 
section 
2252(a)(4) 
or 
2252A(a)(5). 
‘‘(3) MAXIMUM AMOUNT OF RESTITUTION.—No 
order of restitution issued under this section may ex-
ceed 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 defend-
ants against whom an order of restitution is issued 
under paragraph (2)(A) in favor of such victim. 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 Fed-
eral Rules of Civil Procedure. In resolving contribu-
tion claims, the court may allocate payments among 
liable parties using such equitable factors as the 
court determines are appropriate so long as no pay-
ments 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 strik-
ing ‘‘a commission of a crime under this chapter,’’ 
and inserting ‘‘or by the commission of (i) an of-
fense 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: 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 Attor-
ney 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.’’. 
Æ 
VerDate Sep 11 2014 
04:05 Feb 06, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H595.IH
H595
emcdonald on DSK67QTVN1PROD with BILLS