Supreme Court Limits Damages to Victims of Child Porn

The Supreme Court on Wednesday limited the amount of damages that those who possess child pornography must pay victims, throwing out a $3.4 million award that went to a woman whose childhood rape has been widely seen on the Internet.

The court voted 5 to 4 that those convicted of possessing child pornography must pay restitution to victims. But it said the amount of damages paid must be proximate to the harm that a specific offender has caused.

The case before the court involves a a Texas man, Doyle Randall Paroline, who pleaded guilty to possessing 300 images of child pornography, including two of a girl identified in court documents as “Amy Unknown” when she was eight or nine years old. An appeals court had said Paroline was liable for all of the $3.4 million in damages that Amy, now an adult, was owed for psychological damage and lost income after she discovered the images.

All nine Supreme Court justices indicated that the law Congress passed requiring restitution to victims of child pornography was flawed and several called for a rewrite that would provide more precision and guidance.

Justice Anthony M. Kennedy, who wrote the majority opinion, noted that his approach “is not without difficulties.”

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