Paroline


James R. Marsh Chosen for International Children’s Rights Conference

Children’s and Young People's Rights in the Digital AgeConcerns that children’s rights are being newly infringed rather than enhanced in the digital age are often raised by researchers, child rights’ advocates, and internet governance experts. Children’s needs and experiences in the digital age are often neglected in high-level debates about global internet provision and governance and children’s rights are treated as a minority interest and seen as demanding exceptional treatment from adult society. Further, current debates frequently emphasise the risks ...

Read More


Paroline v. United States

This case presents the Supreme Court with an opportunity to settle a circuit split over the interpretation of § 2259, a federal statute that addresses restitution for child-abuse victims. Paroline argues that § 2259 requires that a victim’s damages be proximately caused by the defendant’s conduct because any other result would turn restitution proceedings into procedural nightmares. Amy argues that § 2259 does not require proximate causation for a victim to be entitled to full damages; otherwise, the victims of child abuse would bear the burden of collecting tiny ...

Read More


Child porn restitution bill passes Senate, sets minimum damages for victims

A bill named for two women whose childhood images were turned into heinous pornography was handily passed in the Senate on Wednesday.The Amy and Vicky Child Pornography Victim Restitution Improvement Act was approved by a 98-0 vote.The measure gives hope to victims that they will finally be able to win major compensation from any single person who illegally viewed, made or distributed their images.Victims of child pornography and other sexual exploitation “ought to have access to full restitution from any single perpetrator for their losses,” said Senate ...

Read More


Senate passes bill to help child porn victims recover damages

The bill is in response to a 2014 Supreme Court case that essentially ruled in favor of a man convicted for viewing child pornography. The court decided that even though the man had clearly harmed the victim, he was only a small part of the overall harm suffered and couldn’t be responsible for paying the victim's full damages.That decision put the burden on victims to seek out each individual offender in order to receive full damages for their harm.Hatch’s bill would ensure that courts take a holistic view of a victim’s losses, including medical services, ...

Read More


U.S. Supreme Court Clarifies Standards for Restitution Orders

The court in Paroline crafted a new causation standard for awards of restitution following federal criminal convictions. As Chief Justice John Roberts Jr. noted in his dissent, the restitution statute at issue in this case is not limited to child-pornography cases. The court's decision may thus affect a wide range of criminal cases, from fraud to conspiracy to civil rights....Roberts' dissent provides the key to this decision's potential widespread application. The court's decision seemed to speak more broadly than simply the child-pornography context, and its ...

Read More


Child Porn Restitution Cases Vacated; New Vague Standard Awaits

Yesterday, the Fifth Circuit made it official: The two child-porn restitution orders for Michael Wright and Doyle Paroline, which made it to the U.S. Supreme Court, are now vacated and remanded to the district court.And while the two orders were brief and uneventful, it seems likely that these cases will return at some point. After all, not only are there causation issues and ever more defendants (the images are still widely traded online by pedophiles), but the Supreme Court barely helped the issue by vaguely ordering the lower courts to order "restitution in an ...

Read More


Should I be hopeful Amy can now recover more restitution after major child porn bust in NYC?

"Just how many prominent, successful men are child porn fiends?". As the title of this post suggests, following the Supreme Court's messy "split-the-difference" approach to child porn restitution in its recent Paroline ruling...I am hoping a silver lining to this dark cloud might be that CP crimes committed too often by persons "well-educated and successful in private and professional lives" might now mean more restitution getting paid to the unfortunate victims of these crimes.

Read More


In Response to Recent Suprme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen Law For Child Pornography Victims

"In the Paroline decision, the Supreme Court made it clear that the ball was in Congress' court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime. The Amy and Vicky Act is that solution."

Read More


Bipartisan statutory fix after SCOTUS Paroline mess for child porn restitution intoduced in Congress

The measure would rewrite a section of the Violence Against Women Act and make it easier for victims of child pornography to be granted "full restitution" from felons who have made, distributed or viewed images of their sexual abuse online.

Read More


In Response to Recent Supreme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen the Law for Child Pornography Victims

"Victims of child pornography suffer a unique kind of harm and deserve a unique restitution process, and the Amy and Vicky Act is that solution," Hatch said. "In the Paroline decision, the Supreme Court made it clear that the ball was in Congress" court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime."

Read More