Press Releases

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Washington, DC —Senator Orrin Hatch (R-UT),  the senior Republican and President Pro Tempore of the US Senate, released the following statement after Congress passed the Amy, Vicky, and Andy Child Pornography Victim Assistance Act. Senator Hatch introduced the legislation alongside Senators Dianne Feinstein (D-CA), Chuck Grassley (R-IA), Amy Klobuchar (D-MN), John Cornyn (R-TX), and Pat Toomey (R-PA). This bill recognizes the unique kind of harm caused by child pornography and requires restitution in a manner that will support victims. 

“I’m thrilled the Senate and the House have passed this important bill. This is a momentous day and many years in the making.” Hatch said. “This bipartisan legislation will help provide meaningful assistance for child pornography victims to support their recovery and allow them to reclaim their lives. I am proud of this bill and look forward to seeing it signed into law.”

“Our bill addresses the glaring gap in the law that leaves victims unable to secure restitution," said Feinstein. "When our bill is signed into law, victims will be ensured appropriate compensation for their continued suffering.”

“Sexual abuse and exploitation of children are indefensible and heinous crimes. Victims like Amy will be affected for the rest of their lives,” said Toomey. “I’m pleased that the House and Senate came together and passed this bill to improve access to restitution for victims from the sick individuals who produce, distribute, and possess this exploitative filth.”

The legislation establishes more relevant and useful standards for child pornography victims who seek restitution from defendants and gives child pornography trafficking victims the alternative of a one-time fixed compensation payment from the existing Crime Victims Fund. The bill also allows victims access to the images depicting them, which can be important for victim identification, expert testimony, forensic review, and treatment. 

The bill passed in the Senate by unanimous consent in January. With the help of Congressman Trey Gowdy (R-SC), the House sponsor of the bill, and House Judiciary Chairman Bob Goodlatte (R-VA), the House of Representatives passed an amended version of the bill by unanimous consent in September. Today, the Senate passed the amended bill by unanimous consent, and it will now be sent to the President to be signed into law. 

Support for the Amy, Vicky, and Andy Child Pornography Victim Assistance Act 

The bill is named after victims depicted in some of the most widely circulated child pornography series in the world. “Amy,” “Vicky,” and “Andy” all strongly support the bill. 

Additionally, the Amy, Vicky, and Andy Act has been endorsed by the National Organization for Victim Assistance, National Association of Attorneys General, National Crime Victims Law Institute, National District Attorneys Association, National Center for Victims of Crime, National Association of VOCA Assistance Administrators, National Crime Victims Bar Association, CHILD USA, RAINN, APSAC in partnership with The New York Foundling, Enough is Enough, Thorn, Academy on Violence and Abuse, DV LEAP, Utah Crime Victims Legal Clinic, Utah Coalition against Sexual Assault, and the Children’s Justice Fund.

Senate Co-sponsors: Feinstein (D-CA), Grassley (R-IA), Klobuchar (D-MN), Cornyn (R-TX), Toomey (R-PA), Gillibrand (D-NY), Boozman (R-AR), Whitehouse (D-RI), Cotton (R-AR), McCain (R-AZ), Murkowski (R-AK), Capito (R-WV), Blumenthal (D-CT), Tillis (R-NC), Casey (D-PA), Blunt (R-MO), Warren (D-MA), Hoeven (R- ND), McCaskill (D-MO), Merkley (D-OR), Hirono (D-HI),  Kennedy (R-LA), Harris (D-CA), Cruz (R-TX), Markey (D-MA), and Rubio (R-FL). 

Background

The Amy, Vicky, and Andy Child Pornography Victim Assistance Act includes the following provisions:  

  • Findings that focus on the unique nature of child pornography crime and how it harms victims
  • A more relevant and predictable definition of “full amount of a victim’s losses” 
  • Restitution 
    • Child pornography production: victims receive full amount of their total losses
    • Child pornography trafficking: victims receive from each defendant a minimum of $3,000
  • Compensation 
    • Victims of child pornography trafficking are entitled to receive a one-time payment of $35,000 in defined monetary assistance (which is indexed to inflation) from a Child Pornography Victims Reserve (CPVR) within the federal Crime Victims Fund (CVF)
    • Caps fees for attorneys representing a victim seeking defined monetary assistance at 15%
    • The court must assess defendants in child pornography cases to contribute to the CPVR: up to $17,000 for possession, up to $35,000 for distribution, and up to $50,000 for production crimes
    • The CPVR will be capped at $10 million
  • Victims of child pornography trafficking will enjoy the same priority in restitution payments as victims in other restitution statutes
  • Child pornography victims have equal rights with criminal defendants to review the child pornography depicting them at a government facility or court for the purposes of furnishing expert testimony
  • The Department of Justice must deliver a report to Congress within two years after passage about the Act’s implementation including an assessment of the funding levels for the Child Pornography Victims Reserve