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Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Mary Margaret Giannini
Continuous Contamination:
How Traditional Criminal Restitution Principles
and Section 2259
Undermine Cleaning Up the
Toxic Waste of Child Pornography Possession
Mary Margaret Giannini
ABSTRACT
Section 2259 of Title 18 of the United States Code allows courts to award victims of child pornography possession monetary relief from those convicted of possessing images of the victim’s sexual abuse. The statute is grounded in traditional criminal restitution principles that guide that a defendant pay for a victim’s losses which are the result of the specific acts he committed. However, courts have increasingly struggled with applying this construct to the harms and losses suffered …