In federal cases involving the sexual exploitation of children, restitution is mandatory and covers the full amount of a victim's losses. It is not the same as a civil damages claim. Here is how the restitution statute works and where a civil case may still matter.
Reviewed by Abuse Justice Center · Updated 2026-10-28
Restitution is money a criminal court orders a convicted defendant to pay a victim. Under 18 U.S.C. 2259, for any offense under chapter 110 of Title 18, the chapter on the sexual exploitation and other abuse of children, the court shall order restitution. The statute calls the order mandatory and says a court may not decline to issue it because of the defendant's economic circumstances or because the victim has, or is entitled to, insurance or another source of compensation.
Section 2259(c)(2) defines the full amount of the victim's losses to include costs incurred, or reasonably projected to be incurred in the future, as a result of the offense:
For defendants convicted of trafficking in child sexual abuse material, the statute directs the court to determine the full amount of the victim's losses caused by all trafficking in the material, then order restitution reflecting the defendant's relative role in causing those losses, but not less than $3,000.
Separately, a victim in these cases may choose to receive defined monetary assistance from the Child Pornography Victims Reserve. The statute sets it at $35,000, adjusted for inflation, and a victim may receive it only once. If a victim who received it later seeks restitution under the section, the court deducts the assistance from the full amount of losses, and a victim who has already collected restitution under the section above that amount is not eligible for it. Attorney's fees for help obtaining this assistance are capped at 15 percent of the payment.
A civil claim is filed by the survivor, not the prosecutor. It can seek damages under state law or federal law, such as 18 U.S.C. 2255, and it can sometimes name defendants other than the person convicted, depending on the facts and the law. It does not depend on a conviction, although a conviction can be relevant evidence.
Restitution and civil damages can overlap. Courts and the statutes have rules to avoid double recovery for the same loss, so tell any civil attorney about restitution ordered or received.
If the victim is under 18, incompetent, incapacitated or deceased, section 2259(c)(4) allows a legal guardian, a representative of the estate, another family member, or a person appointed by the court to assume the victim's rights under the section. The defendant can never be named as that representative.
Abuse Justice Center is an information resource, not a law firm, and nothing here is legal advice. A licensed attorney can review your situation, and you can ask any attorney how they charge before you agree to anything.
Abuse Justice Center is a free information resource, not a law firm, and nothing here is legal advice. Ask any attorney how they charge before you agree. Need support now? The RAINN hotline is 800-656-4673, 24/7.
For offenses under chapter 110 of Title 18, the statute makes restitution mandatory and directs the court to order the full amount of the victim's losses, as the statute defines them.
The statute says a court may not decline to issue a restitution order because of the defendant's economic circumstances or because the victim has insurance or another source of compensation.
No. Restitution is part of a criminal sentence. A civil claim is a separate case brought by the survivor, with its own rules, deadlines and possible defendants.
In image trafficking cases, it is a one-time payment from a federal reserve fund, set by statute at $35,000 adjusted for inflation. If you receive it and later seek restitution under the same section, the court deducts it when calculating your losses.