« Can judges and lawyers be Facebook friends? | Main | Eighth-graders charged over oral sex during class »

Friday, December 11, 2009

A modest proposal: Make defendants pay damages for child porn

Under federal law, people who download child porn can theoretically be ordered to pay damages to the child who was victimized by the photo. In Texas, prosecutors tried to get one defendant to pay $3.4 million to the child whose photos he downloaded, but the judge refused to go along. From the Christian Science Monitor:

Congress did not stop there. The law includes a provision for mandatory payment of "the full amount of the victim's losses" without regard to the economic circumstances of the defendant or whether the victim has received or might receive compensation from other sources.

Thus, federal prosecutors sought $3,367,854 in restitution from Paroline – the full amount of compensation for Amy's earlier sexual abuse and the ongoing traffic in her images.

Judge Davis said it was too much. An order requiring Paroline to pay Amy the entire estimated restitution would violate the Eighth Amendment's prohibition on excessive punishments, the judge said in an 18-page opinion.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451b1b869e2012876461b1f970c

Listed below are links to weblogs that reference A modest proposal: Make defendants pay damages for child porn:

Comments

 
About KansasCity.com | Terms of Use & Privacy Statement | About the McClatchy Company | Copyright