FOR IMMEDIATE RELEASE : Wednesday , October 15, 2014
CONTACT: Sara Rabern (605)773-3215
A.G. Jackley Joins Attorneys General Requesting Congressional Support to Allow Full Restitution for Victims of Child Pornography Cases
PIERRE, S.D – Attorney General Marty Jackley and 43 other bipartisan Attorneys General today have encouraged the United States Senate Judiciary Committee and the House of Representatives Subcommittee to support the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 by bringing this bill to a vote.
“The viewing of child pornography is not a victimless crime. Children are victimized by the acts of manufacturing it and then re-victimized when then images circulate on the internet,” said Jackley. “Meaningful restitution will help child victims put their lives back together for a crime that has affected them so deeply.”
South Dakota continues to see a consistent number of child pornography arrests. The number peaked in 2011 with 40 arrests, 29 in 2012 and 23 in 2013. The Internet Crimes Against Children Unit (ICAC) works diligently to investigate children who are exploited via the internet or by electronic means. In 2013, ICAC conducted approximately 1,230 forensic examinations, served 330 subpoenas, executed 131 search warrants, and investigated 285 cases concerning the exploitation of children.
The Amy and Vicky Act will provide victims with meaningful restitution from the multiple defendants who produce, distribute and possess images of child pornography, including those that have not been identified. The law also provides for joint and several liability so that multiple defendants may sue each other to spread restitution costs for the same victim. In a 2014 United States Supreme Court decision, Paroline v. United States, the Court held that victims of child pornography should receive restitution, but limited the defendant’s financial liability to victims. This was not the legal opinion of Attorney General Jackley and 34 other attorneys general and territories, expressed in an amicus brief urging the Supreme Court to allow full restitution to victims of child pornography.
To view the letter, please click on the link here.