New Approach to Punishing Child Porn Possessors

The New York Times has an article today detailing a novel approach to dealing with individuals convicted of possessing child pornography. Lawyer James Marsh represents "Amy," a woman who was abused by an uncle who documented and posted his crimes to the internet. The series of photos and videos are popular and are often found in the personal collection of individuals accused of possessing child pornography. Mr. Marsh devised a method for Amy to secure restitution for her suffering, demanding payment from any individual who is found to have the images in his possession. Under a theory of joint and several liability, Mr. Marsh claims that every guilty party should be ordered to pay the full amount of the restitution ($3.4 million) and then be permitted to sue co-defendants for their respective share of the total. The approach has provoked mixed responses from the legal community.