Law Commons^™

Section 2259 of title 18 of the Federal Code directs that those convicted of distribution or possession of child pornography shall pay restitution for the full amount of the victim’s losses. Courts have struggled, however, with interpreting and applying the statute’s proximate cause language, resulting in rough justice for both victims and defendants. A majority of courts interpret section 2259 as including a proximate cause requirement, but are inconsistent in their definition and application of that standard. Victims are subjected to the “slow acid drip” of the continued knowledge that their images are being circulated and viewed by countless individuals, …