Child Pornography Victim Seeks Restitution From Those Convicted of Possessing her Images

When Amy was a young girl, her Uncle sexually abused her by forcing her to pose for sexually explicit photographs and sharing those photographs with other pedophiles. Her photographs, which became known as “the Misty Series”, were some of the first photographs to ever surface in the internet world of child pornography and remain popular amongst child pornography viewers even today. Amy has since reached majority and with the help of a creative lawyer, is now seeking restitution from all those convicted of possessing her photographs.

The Uncle who was responsible for violating Amy as a child currently remains in prison, yet in the world of child pornography, Amy’s pictures continue to circulate. Every time someone is arrested for possession of child pornography containing one or more of her photographs, Amy receives notification from the Federal Government. Amy’s lawyer has begun filing lawsuits against those individuals based on child exploitation. He had Amy examined by a psychiatrist and also had her write a victim impact statement. He then hired an economist to examine the psychiatrist’s findings, estimate counseling, diminished wages and lawyer’s fees, and determine the total monetary damages faced by Amy due to her sexual abuse. This number was determined to be $3,367,854.00.

The idea of restitution gives the Court another means by which to punish child pornography offenders. Prison sentences for offenders have consistently been extended and conditions of parole have become more and more restrictive, to the point where equal protection under the Constitution has become an issue raised in defense of violators. By holding offenders financially liable for their actions, Courts have an alternative to increasing prison sentences, which may then be challenged as unconstitutional.

Since Amy has begun seeking restitution from those possessing her pornographic photographs, Amy has collected $170,000.00; $130,000.00 contributed by an executive from a pharmaceutical company convicted of possession of child pornography. Amy is suing under a theory of joint and several liability; seeking contribution from all those convicted of possessing her photographs until she receives the total of $3,367,854.00.

Child Pornography

Federal Law defines child pornography as “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it a) depicts a minor engaging in sexually explicit conduct and is obscene, or b) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.” Possessing, Making, and Distributing child pornography is illegal in all 50 states, including Pennsylvania, and it is an offense which carries serious legal penalties.

If you have been arrested and charged with owning, making, or distributing child pornography, the Law Offices of Marc Neff can help. There are defenses which are available to you, so do not hesitate to contact the Law Offices of Marc Neff immediately. You may schedule a confidential consultation by calling (215) 563-9800 or by email, marc@nefflawoffices.com.