On Anniversary of Unanimous Senate Passage, Hatch Urges House to Aid Victims of Child Pornography

Press Release

House lawmakers need to take action to aid victims of child pornography according to the senior Republican in the U.S. Senate. Senator Orrin Hatch, R-Utah, called on members of the lower chamber to take up his legislation, the Amy and Vicky Child Pornography Victim Restitution Improvement Act, or the Amy and Vicky Act, which passed unanimously last year in the Senate.

"I introduced this bill because, according to the Supreme Court, current law cannot provide restitution to child pornography victims," said Hatch. "My bill gives judges flexibility in calculating a victim's harm and in requiring defendants to pay restitution. The Senate unanimously passed this legislation one year ago and victims are waiting for the House to do the same.

The Amy and Vicky Act would create an effective, balanced restitution process for victims of child pornography that also responds to the Supreme Court's decision in Paroline v. United States. Hatch and Schumer both joined an amicus brief in the Paroline case last year. "Amy" and "Vicky" are the victims in two of the most widely distributed child pornography series in the world. The Amy and Vicky Act does three things that reflect the nature of these crimes:

(1) It considers the total harm to the victim, including from individuals who may not yet have been identified;

(2) It requires real and timely restitution;

(3) It allows defendants who have contributed to the same victim's harm to spread the restitution cost among themselves.

The senators today both urged the House to finally pass the legislation and send it to the President's desk.

In a letter of support for the legislation introduced by Hatch and Schumer, Amy wrote: "After all this time and all the hearings and appeals and the Supreme Court, I definitely agree that restitution needs improvement and hopefully this bill, the Amy and Vicky Child Pornography Victim Restitution Improvement Act, can finally make restitution happen for all victims of this horrible crime." In a separate letter of support, Vicky wrote: "I sincerely hope that Congress will take the time to create some guidelines for restitution of child pornography possession and distribution that will protect the victim and enable them to receive full compensation."

Professor Paul Cassell, who argued the case for Amy before the Supreme Court for the University of Utah Appellate Clinic, said: "Victims of child pornography crimes deserve full restitution from criminals who have harmed them, and this bill will make sure that happens."

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