Amy, Vicky, and Andy Child Pornography Victims Assistance Act of 2018

Statement From the Press Secretary:

"Today, President Donald J. Trump signed into law important legislation to help victims of child sexual exploitation, the “Amy, Vicky, and Andy Child Pornography Victims Assistance Act of 2018....The bill the President signed today will help ensure that victims of child pornography and other child sexual abuse crimes receive restitution for the harm they have suffered. It ensures that a minimum amount will be ordered in each case and allows victims to choose from different forms of restitution.”

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Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017

(Sec. 3) This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases.

If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount which is between $3,000 and 1% of the full amount of the victim's losses. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim.

(Sec. 4) If a defendant is convicted of child pornography production, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations.

(Sec. 5) The bill amends the Victims of Crime Act of 1984 to establish the Child Pornography Victims Reserve within the Crime Victims Fund. Courts must impose additional assessments on persons convicted of child pornography offenses, and the additional assessments must be deposited into the Child Pornography Victims Reserve.

(Sec. 6) In a criminal proceeding, a victim of a child pornography offense must have access to the pornographic material depicting the victim for inspection, viewing, and examination by the victim, his or her attorney, and potential expert witnesses.

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