I 
115TH CONGRESS 
2D SESSION 
H. R. 4963 
To amend title 18, United States Code, to provide for assistance for victims 
of child pornography, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2018 
Mr. CARTWRIGHT (for himself, Mr. MESSER, Mr. UPTON, Mr. REICHERT, Mr. 
PERRY, and Mr. CLAY) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide for assist-
ance for victims of child pornography, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
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severe and often irreparable child sexual abuse and 
exploitation. 
(2) The harms caused by child pornography 
begin, but do not end, with child sex abuse 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-vic-
tim’’. 
(5) 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. 
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(6) The unlawful collective conduct of every in-
dividual 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. 
(7) It is the intent of Congress that victims of 
child pornography be fully compensated for all the 
harms resulting from every perpetrator who contrib-
utes to their anguish. Such an aggregate causation 
standard reflects the nature of child pornography 
and the unique ways that it actually harms victims. 
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); 
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(3) by redesignating paragraph (2) as para-
graph (3); and 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD 
PORNOGRAPHY.—If the defendant was convicted for 
trafficking in child pornography, the order of res-
titution under this section shall direct the defendant 
to pay the victim (through the appropriate court 
mechanism) an amount of restitution 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 in-
curred by the victim as a result of the traf-
ficking in child pornography. 
‘‘(B) 
DETERMINING
A
RESTITUTION 
AMOUNT.—After completing the determination 
required under subparagraph (A), the court 
shall enter an order of restitution against the 
defendant in favor of the victim in an amount 
which is between $3,000 and 1 percent of the 
full amount of the victim’s losses. 
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‘‘(C) TERMINATION OF PAYMENT.—A vic-
tim’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 involv-
ing that victim that has resulted in a final res-
titution 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 direct 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’’; 
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(4) by inserting after ‘‘or any other person ap-
pointed 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 pro-
scribed by subsection (a) through (c) of section 
2251, section 2252A(g) (in cases in which the series 
of felony violations involves at least one of the viola-
tions listed in this section), section 2260(a), or any 
offense under chapter 109A or chapter 117 that in-
volved the production of child pornography, as de-
fined in section 2256. 
‘‘(2) 
FULL
AMOUNT
OF
THE
VICTIM’S 
LOSSES.—For purposes of this section, the term ‘full 
amount of the victim’s losses’ includes any costs in-
curred, or reasonably projected to be incurred in the 
future, by the victim, and in the case of a trafficking 
in child pornography conviction, as a proximate re-
sult of all trafficking in child pornography offenses 
involving the same victim, including— 
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