The Champion

March 2016 , Page 16 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Defending Restitution Claims in Child Pornography Cases in a Post-Paroline World

By David Bungard

One of the last items of business typically handled by defense counsel in child pornography prosecutions is the resolution of any restitution claims submitted on behalf of minors or former minors whose depictions law enforcement discovered within a client’s collection. This claim, which typically seeks a recovery in excess of $1 million, is pursued by the government pursuant to the statutory authority set forth in 18 U.S.C. § 2259. Prior to the U.S. Supreme Court’s decision in United States v. Paroline,1 these claims typically did not result in any significant monetary awards being rendered. The majority of federal circuits had determined that under 18 U.S.C. § 2259 a victim was required to show that the alleged damages had been proximately caused by the defendant’s conduct.2 The element of proximate causation proved to be a difficult hurdle for any submitted restitution claim to clear. In most instances, the defendant was merely an end user who had downloaded images or vi

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad