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CA AB2105

Bill

Status

Passed

8/20/2018

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Applies to civil actions involving minors or nonminor dependents who are victims of commercial sexual exploitation committed by persons over 18 years old.

  • Allows courts to impose fines or civil penalties up to 3 times greater than authorized by statute if the trier of fact finds that the defendant's conduct targeted multiple victims, caused substantial harm, or involved a defendant who knew or should have known the victim was a minor.

  • Permits courts to award civil penalties between $10,000 and $50,000 per act of commercial sexual exploitation when no statutory civil penalty applies, upon making an affirmative finding regarding the specified factors.

  • Requires all penalties to be paid directly to the victim and bars the defendant's assertion of victim consent as a defense.

  • Allows courts to place penalties in trust for victims under 18 years old, with remaining funds becoming the victim's sole property upon reaching age 18 or emancipation.

Legislative Description

Punitive damages: minors.

Last Action

Chaptered by Secretary of State - Chapter 166, Statutes of 2018.

8/20/2018

Committee Referrals

Judiciary4/19/2018
Rules4/5/2018
Judiciary2/22/2018

Full Bill Text

No bill text available