justice

Child exploitation victims could have restitution held in trust

Courts would be able to put payments in an official account for minors and other vulnerable victims. The measure also raises the floor for small-loss cases and gives the courts $15 million a year to run it.

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Child exploitation victims could have restitution held in trust
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The change is meant to make restitution usable, not just symbolic, for child-exploitation victims and other people who cannot manage the money on their own.

  • Judges could place restitution in trust or another official account.
  • The change would cover minors and some incapacitated or overseas victims.
  • Smaller-loss cases would get a higher minimum award.
  • Courts would get $15 million a year to run the program.
  • In federal court, child-exploitation victims could get a more usable restitution award

In federal court, child-exploitation victims could get a more usable restitution award. Judges would be able to appoint a trustee or other fiduciary to hold restitution in trust or another official account, instead of leaving the money with a child, a disabled victim or anyone else who may not be able to manage it alone.

The option would cover minors, incompetent or incapacitated victims, and some foreign or stateless victims abroad. The point is simple: the money would still be theirs, but the court could make sure it is held in a way that can actually help them.

A floor that is not symbolic

The amendment also tries to keep small-loss cases from ending with a token payment. For victims whose total losses are under $3,000, the restitution floor would be $3,000 or 10% of full losses, depending on the case.

That matters because many victims will never have neat, complete records of every cost tied to abuse or exploitation. A higher minimum can make the difference between an award that disappears on paper and one that still feels like compensation.

Built to work for vulnerable victims

The trustee-or-fiduciary system would not be a one-off fix. The language authorizes $15 million each fiscal year for the courts to carry it out, which suggests the aim is ongoing account management, not a decorative legal option.

The change sits inside the subtitle, but the practical effect is narrower and easier to see. It would give courts a cleaner way to hold restitution, manage it and deliver it to people who need protection as much as payment.

Sources

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