U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

18 U.S.C. § 2259A

Assessments in child pornography cases

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(a)In General.—In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess—(1) not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5);(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and(3) not more than $50,000 on any person convicted of a child pornography production offense.(b)Annual Adjustment.—The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index.(c)Factors Considered.—In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572.(d)Imposition and Implementation.—(1)In general.—The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant.(2)Effect on other penalties.—Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence:(A) A special assessment under section 3013.(B) Restitution to victims of any child pornography production or trafficking offense that the defendant committed.(C) An assessment under this section.(D) Other orders under any other section of this title.(E) All other fines, penalties, costs, and other payments required under the sentence.(Added Pub. L. 115–299, § 5(a), Dec. 7, 2018, 132 Stat. 4386.)
Notes of Decisions
Cited in 23 cases (22 in the last 5 years), 2020–2025 · leading case: United States v. Efren Madrid, Jr., 978 F.3d 201 (5th Cir. 2020).
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United States v. Efren Madrid, Jr., 978 F.3d 201 (5th Cir. 2020). · cites it 4× “A monetary penalty under the AVAA is separate and distinct from restitution, and a special assessment under 18 U.S.C. § 2259A does not require identification of a victim and proof of losses.”
United States v. Vincent Deritis, 137 F.4th 209 (4th Cir. 2025). · cites it 3× “The district court sentenced Appellant to 600 months of imprisonment and imposed a special assessment of $117,000 pursuant to 18 U.S.C. § 2259A. Appellant asserts a litany of arguments on appeal.”
United States v. Titus Miller, 23 F.4th 817 (8th Cir. 2022). · cites it 3× “It also ordered him to pay an assessment of $50,000 under 18 U.S.C. § 2259A (the “AVAA”). He appeals the sentence and the assessment.”
United States v. Eugene Linville, 60 F.4th 890 (4th Cir. 2023). “The district court sentenced Linville to the statutory minimum sentence of 120 months of imprisonment, followed by 15 years of supervised release and an 18 U.S.C. § 2259A assessment of $1,000 in addition to a $100 mandatory special assessment.”
United States v. Cash Otradovec, 72 F.4th 794 (7th Cir. 2023). · cites it 2× “Otradovec stands on firmer ground comparing § 3014 to 18 U.S.C. § 2259A. Section 2259A imposes a special assess- ment on certain child pornography offenders.”
United States v. Lehew, 132 F.4th 381 (5th Cir. 2025). · cites it 2× “§ 2259A “does not require identification of a victim and proof of losses” and the “monetary penalty” imposed under the statute “is separate and distinct from restitution.”
United States v. Gregory Johnson, 131 F.4th 811 (7th Cir. 2025). “23-3251 imposed a $5,000 assessment under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act (“AVAA”), 18 U.S.C. § 2259A. Johnson challenges the imposition of this § 2259A assess- ment, arguing that it cannot be reconciled with the court’s finding of indigency.”
United States v. Barrera (5th Cir. 2024). · cites it 4× “” 18 U.S.C. § 2259A(a). To determine the amount assessed, the AVAA mandates that the court consider the factors set forth in 18 U.”
United States v. Jessie Glass, Jr. (4th Cir. 2025). · cites it 4× “We further reject his argument under the Double Jeopardy Clause, as well as his challenge to a $5,000 assessment under 18 U.S.C. § 2259A. I. In late 2019, April reported to law enforcement that Glass had “a massive amount of child porn saved on his phone.”
United States v. Gentry (10th Cir. 2024). · cites it 3× “Appellate Case: 23-3030 Document: 010110984830 Date Filed: 01/17/2024 Page: 2 of fines under § 3572, and we will not require such fact-finding when a district court imposes a fine under 18 U.S.C. § 2259A. Exercising jurisdiction under 28 U.”
United States v. Mayhew (2d Cir. 2025). · cites it 3× “§ 3014 , and a discretionary $17,000 special assessment pursuant to 18 U.S.C. § 2259A. Mayhew timely appeals, challenging two of his special conditions of supervised release and the $17,000 special assessment.”
United States v. Rubalcava (5th Cir. 2025). · cites it 3× “These included a $5,000 assessment per count of conviction under the _____________________ 2 See 18 U.S.C. § 2259A. 5 Case: 24-40463 Document: 102-1 Page: 6 Date Filed: 12/03/2025 No.”
Show all 23 citing cases →
— 18 U.S.C. § 2259A(a) — 4 cases
United States v. Barrera (5th Cir. 2024). “” 18 U.S.C. § 2259A(a). To determine the amount assessed, the AVAA mandates that the court consider the factors set forth in 18 U.”
United States v. Eric Cansler (4th Cir. 2025).
United States v. Joshua Clemons (4th Cir. 2023).
United States v. Joshua Clemons (4th Cir. 2025).
— 18 U.S.C. § 2259A(a)(1) — 2 cases
United States v. Joshua Clemons (4th Cir. 2025).
United States v. Rubalcava (5th Cir. 2025). “These included a $5,000 assessment per count of conviction under the _____________________ 2 See 18 U.S.C. § 2259A. 5 Case: 24-40463 Document: 102-1 Page: 6 Date Filed: 12/03/2025 No.”
— 18 U.S.C. § 2259A(a)(2) — 3 cases
United States v. Barrera (5th Cir. 2024). “” 18 U.S.C. § 2259A(a). To determine the amount assessed, the AVAA mandates that the court consider the factors set forth in 18 U.”
United States v. Hughes (2d Cir. 2024).
United States v. Jessie Glass, Jr. (4th Cir. 2025). “We further reject his argument under the Double Jeopardy Clause, as well as his challenge to a $5,000 assessment under 18 U.S.C. § 2259A. I. In late 2019, April reported to law enforcement that Glass had “a massive amount of child porn saved on his phone.”
— 18 U.S.C. § 2259A(a)(3) — 1 case
United States v. David Woods, 137 F.4th 900 (8th Cir. 2025).
— 18 U.S.C. § 2259A(c) — 7 cases
United States v. Cash Otradovec, 72 F.4th 794 (7th Cir. 2023). “Otradovec stands on firmer ground comparing § 3014 to 18 U.S.C. § 2259A. Section 2259A imposes a special assess- ment on certain child pornography offenders.”
United States v. Gentry (10th Cir. 2024). “Appellate Case: 23-3030 Document: 010110984830 Date Filed: 01/17/2024 Page: 2 of fines under § 3572, and we will not require such fact-finding when a district court imposes a fine under 18 U.S.C. § 2259A. Exercising jurisdiction under 28 U.”
United States v. Joshua Clemons (4th Cir. 2023).
United States v. Titus Miller (8th Cir. 2023).
United States v. Johnny Vang (4th Cir. 2023).
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