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DE SB158
Bill
Status
6/16/2009
Primary Sponsor
William Carson
Click for details
AI Summary
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Creates a civil cause of action in Delaware Superior Court allowing victims of child sexual exploitation to sue any person who produces, arranges, finances, supervises, or knowingly possesses visual depictions of them engaging in prohibited sexual acts.
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Establishes a presumption that victims have suffered damages of not less than $150,000 upon a finding of liability, without need to prove actual damages.
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Sets a statute of limitations of 3 years from the later of: law enforcement notification of facts giving rise to the claim, conclusion of criminal prosecution of the defendant, or the victim reaching age 18.
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Permits courts to award reasonable attorney's fees and costs to plaintiffs who successfully recover damages under this chapter.
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Defines key terms including "victim" as any person under 18 visually depicted engaging in or simulating a prohibited sexual act, and "possess" to include digital storage and electronic transmission methods.
Legislative Description
An Act Relating To A Civil Remedy For Victims Of Child Sexual Exploitation Or Child Pornography.
Last Action
Stricken
6/2/2010