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2011 SESSION

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HB 1995 Child pornography; restitution for victims.

Introduced by: Bill Janis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Child pornography. Provides that a defendant convicted of an offense relating to child pornography shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. The Commonwealth shall make reasonable efforts to notify victims of any such offense. This bill is identical to SB 1426.

SUMMARY AS PASSED HOUSE:

Child pornography. Provides that a defendant convicted of an offense relating to child pornography shall be ordered to pay restitution to the victim of the offense in the amount of $1,000 per offense and attorney fees and other legal costs. The Commonwealth shall make reasonable efforts to notify victims of any such offense.

SUMMARY AS INTRODUCED:

Restitution; civil relief; victims of child pornography.  Provides that a defendant convicted of an offense under § 18.2-374.1 (production, etc., of child pornography), 18.2-374.1:1 (possession, etc., of child pornography), or 18.2-374.3 (use of communication systems to facilitate certain offenses involving children) shall be ordered to pay restitution to the victim of the crime in the full amount of the damages or loss sustained by the victim. The bill also creates a civil cause of action for victims of child pornography. For purposes of this cause of action, the victims shall be deemed to have sustained damages of at least $150,000 and may also recover the costs of litigation and reasonable attorney fees. Such actions are not subject to any limitations period.