The Ninth Circuit Court of Appeals affirmed a civil judgment Tuesday awarding three victims of child sexual exploitation $150,000 each in statutory damages against a convicted defendant. The court ruled in *A.B. v. Andrew Kowalczyk*, rejecting the defendant's appeal of the district court's summary judgment ruling.
Andrew Franklin Kowalczyk was previously convicted of nine counts of sexual exploitation of children in violation of federal law under 18 U.S.C. §§ 2251(a), 2251(e), and 2253. Following his criminal conviction, three victims identified as A.B., S.B., and D.L. filed a civil lawsuit against Kowalczyk under 18 U.S.C. § 2255(a), seeking the maximum statutory damages of $150,000 each, plus attorney's fees and costs.
The U.S. District Court for the District of Oregon, with Judge Michael W. Mosman presiding, granted summary judgment in favor of the plaintiffs. Kowalczyk appealed the decision to the Ninth Circuit, which heard the case before Circuit Judges Callahan, Christen, and Hurwitz.
The federal statute 18 U.S.C. § 2255(a) provides a civil remedy for victims of child sexual exploitation, allowing them to recover damages from perpetrators in addition to any criminal penalties imposed. The statute permits victims to seek actual damages or statutory damages, whichever is greater. When seeking statutory damages, victims can recover up to $150,000 per violation.
In this case, the three victims opted to pursue statutory damages rather than attempt to prove actual damages, which can be more difficult to quantify in child exploitation cases. The district court found that the victims were entitled to the full statutory amount based on Kowalczyk's criminal convictions.
The Ninth Circuit's memorandum opinion, filed Jan. 28, 2026, noted that the panel unanimously concluded the case was suitable for decision without oral argument. The court designated the opinion as "not for publication," meaning it cannot be cited as precedent except as provided by Ninth Circuit rules.
During the appeal process, the Ninth Circuit addressed whether Kowalczyk's appeal was timely filed. Under Federal Rule of Appellate Procedure 4(a)(1)(A), a notice of appeal must be filed within 30 days from the entry of judgment. For inmates confined in institutions, the notice is considered timely if deposited in the institution's internal mail system on or before the deadline, accompanied by a declaration under 28 U.S.C. § 1746 stating the date of deposit and confirming first-class postage is prepaid.
The case originated in the District of Oregon under case number 3:19-cv-01521-MO, indicating the civil lawsuit was filed in 2019, following Kowalczyk's criminal conviction. The appeal was assigned Ninth Circuit case number 20-35885, showing it was filed in 2020.
Federal law provides multiple avenues for addressing child sexual exploitation. The criminal statutes under which Kowalczyk was convicted carry severe penalties, including lengthy prison sentences. Section 2251(a) criminalizes the sexual exploitation of children in the production of pornography, while section 2251(e) addresses conspiracy to commit such crimes. Section 2253 covers the criminal forfeiture of property used in these offenses.
The civil remedy under section 2255(a) serves multiple purposes beyond providing compensation to victims. It allows victims to seek redress through the civil justice system, potentially recovering damages even when criminal restitution may be limited. The statute also serves a deterrent function by imposing additional financial consequences on perpetrators.
For the three victims in this case, the affirmance means they will receive the full $450,000 in statutory damages, plus attorney's fees and costs as awarded by the district court. The decision demonstrates the federal court system's commitment to providing both criminal punishment and civil remedies for victims of child sexual exploitation.
The case reflects broader trends in federal enforcement of child protection laws. Federal prosecutors have increasingly pursued child exploitation cases, while victims' rights advocates have worked to ensure survivors have access to both criminal justice protections and civil remedies.
The Ninth Circuit's affirmance provides closure for the three victims in this case, confirming their right to statutory damages under federal law. While Kowalczyk could potentially seek review by the Supreme Court, such petitions are rarely granted, particularly in cases involving unpublished circuit court decisions.
The ruling reinforces the availability of civil remedies for child exploitation victims and demonstrates that federal courts will uphold awards of statutory damages when defendants have been convicted of the underlying criminal conduct. The decision serves as an important reminder that child sexual exploitation carries consequences in both criminal and civil courts.