Storm/ Child Pornography Case

Missoulian: Snowstorm shuts down federal government offices

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Missoulian: Court ruling due on child porn victim restitution

 Paroline, Doyle R. v. United States, et al. (12-8561)       

Respondent Amy’s Brief on the Merits

“The Court should read Section 2259 to achieve Congress’s explicit compensatory aims, not to thwart them. As the Fifth Circuit en banc interpreted the statute, it does not require a child pornography victim to establish precisely what fraction of, for example, her psychological counseling costs are the proximate result of an individual defendant’s crime.  Instead, victims like Amy must first establish that they suffered “harm” from a defendant’s child pornography crime.  See 18 U.S.C. 2259(c). This cause-in-fact link or nexus between an individual’s harm and a defendant’s crime establishes a statutorily-recognized “victim” entitled to restitution for the “full amount” of her losses. 18 U.S.C. 2259(c) & (b)(1). This case comes to this Court on a factual finding that petitioner harmed Amy—a finding that was unchallenged below and is well-supported by the record.”