Misty Series
Encyclopedia
The Misty Series consists of some of the most widely-downloaded child pornography
images of all time, with a total of more than 35,000 downloads to date. The victim, whose alias is Amy, was subjected to painful oral and anal sex by her uncle for five years before he was arrested and imprisoned. Her case is the most thoroughly litigated child pornography restitution case of its kind. Downloading the images is a felony in the United States per .
under the Adam Walsh Child Protection and Safety Act
and Masha's Law from offenders charged in relation to the images. Judges in several states have agreed that not only those who commit sex acts against children are culpable, but also those who download the images. Since 1995, Amy has received more than 850 victim notifications from the government under the Victims of Crimes Act. Amy is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met. Her lawyer contends that each offender should be held liable for the full amount under joint and several liability
. There has been some debate among law professors and judges as to whether the restitution is excessive and whether the link between possession and the harm done is too tenuous to reach the level of proximate harm generally required under the law for restitution. Her uncle was only ordered to pay restitution of $6,000, of which she was to receive $1,125.
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
images of all time, with a total of more than 35,000 downloads to date. The victim, whose alias is Amy, was subjected to painful oral and anal sex by her uncle for five years before he was arrested and imprisoned. Her case is the most thoroughly litigated child pornography restitution case of its kind. Downloading the images is a felony in the United States per .
Restitution
Amy has received $170,000 in court-ordered restitutionRestitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
under the Adam Walsh Child Protection and Safety Act
Adam Walsh Child Protection and Safety Act
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers and mandates that Tier 3 offenders update their whereabouts every three months with lifetime...
and Masha's Law from offenders charged in relation to the images. Judges in several states have agreed that not only those who commit sex acts against children are culpable, but also those who download the images. Since 1995, Amy has received more than 850 victim notifications from the government under the Victims of Crimes Act. Amy is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met. Her lawyer contends that each offender should be held liable for the full amount under joint and several liability
Joint and several liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:* jointly liable, or* severally liable, or* jointly and severally liable.-Joint liability:...
. There has been some debate among law professors and judges as to whether the restitution is excessive and whether the link between possession and the harm done is too tenuous to reach the level of proximate harm generally required under the law for restitution. Her uncle was only ordered to pay restitution of $6,000, of which she was to receive $1,125.