An act to amend title 18, United States Code, to provide for assistance for victims of child pornography, and for other purposes
PL 115-299 (S.2152), enacted 12/07/2018

132 STAT. 4383 
PUBLIC LAW 115–299—DEC. 7, 2018 
Public Law 115–299 
115th Congress 
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 repeti-
tion 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 distribu-
tion 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 child-
hood 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 aggra-
vating the harms to that individual victim. 
(7) It is the intent of Congress that victims of child pornog-
raphy be compensated for the harms resulting from every perpe-
trator 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. 
18 USC 2259 
note. 
Amy, Vicky, and 
Andy Child 
Pornography 
Victim 
Assistance Act 
of 2018. 
18 USC 1 note. 
Dec. 7, 2018 
[S. 2152] 
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132 STAT. 4384 
PUBLIC LAW 115–299—DEC. 7, 2018 
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 pro-
jected to be incurred by the victim as a result of the 
trafficking in child pornography depicting the victim. 
‘‘(B) DETERMINING A RESTITUTION AMOUNT.—After com-
pleting 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 aggre-
gate 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 
Courts. 
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132 STAT. 4385 
PUBLIC LAW 115–299—DEC. 7, 2018 
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 rehabilita-
tion; 
‘‘(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 sec-
tion 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 ASSIST-
ANCE.—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 Pornog-
raphy 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. 
Courts. 
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132 STAT. 4386 
PUBLIC LAW 115–299—DEC. 7, 2018 
‘‘(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 cov-
ered 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 assist-
ance when determining the full amount of the victim’s 
losses. 
‘‘(3) LIMITATIONS ON ELIGIBILITY.—A victim who has col-
lected 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); 
18 USC 2259A. 
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132 STAT. 4387 
PUBLIC LAW 115–299—DEC. 7, 2018 
‘‘(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 assess-
ment 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 com-
mitted. 
‘‘(C) An assessment under this section. 
‘‘(D) Other orders under any other section of this title. 
‘‘(E) All other fines, penalties, costs, and other pay-
ments 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 
18 USC 2259B. 
Applicability. 
Courts. 
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132 STAT. 4388 
PUBLIC LAW 115–299—DEC. 7, 2018 
under section 2259A and any gifts, bequests, or donations to the 
Child Pornography Victims Reserve from private entities or individ-
uals. 
‘‘(b) AVAILABILITY
FOR
DEFINED
MONETARY
ASSISTANCE.— 
Amounts in the Child Pornography Victims Reserve shall be avail-
able 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 enact-
ment of the Amy, Vicky, and Andy Child Pornography Victim Assist-
ance 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 cir-
cumstances may such child pornography be copied, photo-
graphed, 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 inter-
state or foreign commerce’’ and inserting ‘‘has been’’; and 
18 USC 
prec. 2251. 
Guidelines. 
Regulations. 
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132 STAT. 4389 
PUBLIC LAW 115–299—DEC. 7, 2018 
LEGISLATIVE HISTORY—S. 2152: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Jan. 23, considered and passed Senate. 
Sept. 28, considered and passed House, amended. 
Nov. 15, Senate concurred in House amendment. 
(B) by inserting ‘‘using any means or facility of inter-
state or foreign commerce or’’ after ‘‘child pornography’’; 
and 
(2) in subparagraph (B)— 
(A) by striking ‘‘using any means or facility of inter-
state or foreign commerce’’ and inserting ‘‘has been’’; and 
(B) by inserting ‘‘using any means or facility of inter-
state 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. 
Approved December 7, 2018. 
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