§2259A Assessments in Child Pornography Cases

Summary

Courts must add a separate money charge for people convicted in child pornography cases. The charge can be up to $17,000 for the two specific offenses the law lists, up to $35,000 for other trafficking offenses, and up to $50,000 for production offenses. These dollar amounts are changed each year to match inflation using the Consumer Price Index. When picking the exact amount, the judge must consider the usual sentencing and fine factors found in other parts of the law (sections 3553(a) and 3572). This assessment is in addition to any other penalties or restitution. Other rules about fines and collections generally apply, but if those rules conflict, the payment order below controls. Money paid by a defendant must be used in this order: first the special assessment under section 3013, then restitution to victims of any production or trafficking crime the defendant committed, then this assessment, then other court orders under the criminal code, and finally all other fines, costs, and payments. The assessment does not reduce or replace any other penalty.