|Restitution from Possessor of Illegal Child Pornography to Children Abused Not Justified|
The possessor of child pornography was sentenced to 14 years in prison. The government requested that he be ordered to pay restitution to the children abused in the making of the material. The judge denied the request, noting that the possessor of the material was not involved in the production of the material.
Child Pornography; Restitution
|C A S E S U M M A R Y|
Faxon was convicted of transporting and possessing child pornography in interstate commerceóby obtaining it over the Internet. For this crime, he was sentenced to 168 months in prison. Experts testified that the sexual abuse the children suffered would likely reduce their lifetime income and cause them significant personal problems. The government requested the court to order Faxon to pay restitution to the children who were seen in the pornography.
Request denied. There is little doubt the expert testimony is correct, and it was properly introduced at trial. However, the fact that Faxon possessed the pornography was not the proximate cause of the injury suffered by the children used in making the pornography. Faxon was not involved in the production of the material, only possession. Hence, the victims would have no knowledge of Faxon, and their injury occurred prior to his obtaining the illegal materials.
U.S. v. Faxon, ---F.Supp.2d--- (2010 WL 430760, S.D. Fla., 2010)
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