Court Struggles with Restitution for Child Porn

WASHINGTON (AP/Staff) – In an East Texas-linked case, the Supreme Court has lent a sympathetic ear to a victim of child pornography who wants the court to make it easier for victims to collect money from people convicted of downloading and viewing the pornographic images. The justices underscored in arguments Wednesday that the woman, known as Amy, and other victims of child pornography suffer serious psychological harm whenever anyone looks at their images online. But the court seemed to struggle with determining how much restitution for counseling, lost income, and legal fees any single defendant should be asked to pay.

The case asks whether a victim of child pornography can seek millions of dollars from a defendant who had just two images of her on his computer. Amy is trying to convince the justices that people convicted of possessing child pornography should be held liable for the entire cost of the harms their victims suffer, including in psychiatric care, lost income and legal fees. Defendant Doyle Randall Paroline of Brownsboro is appealing a lower court order holding him responsible for the nearly $3.4 million judgment associated with the ongoing Internet trade and viewing of images of Amy being raped by her uncle when she was 8 and 9 years old. Amy’s lawyers estimate that tens of thousands of people worldwide have downloaded and viewed Amy’s images.

The ruling by the 5th U.S. Circuit Court of Appeals in New Orleans would make it easier for courts to impose large restitution orders, if it is upheld by the Supreme Court. Courts would not have to determine exactly how much harm any one defendant caused Amy. Instead, all defendants would be liable for the entire outstanding amount, raising the possibility that a few well-heeled people among those convicted might contribute most, if not all, of the remaining restitution. Paroline says there is no link between his conduct and the award ordered by the appeals court.