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Abstract: 

Amid the shift in the breadth and patterns of child pornography offending and prosecution, courts have been divided regarding the application of the Mandatory Restitution for Sexual Exploitation of Children Act (18 U.S.C. § 2259) to cases of possession or receipt of child pornography. This divide relates to both how the provision should be applied and, if applied, how to calculate the amount of restitution. This article presents an update on the evolving legal landscape related to child pornography restitution, and explores the related implications for law and policy.

Keywords: Proximate cause; U.S. v. Gamble; United States v. Kearney; United States v. Aumais; United States v. Burgess; United States v. Evers; United States v. Laraneta; United States v. Fast; United States v. Kennedy; United States v. Benoit; United States v

Affiliations:  1: Catholic University of America; 2: Children’s Law Center.