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DE SB158

Bill

Status

Introduced

6/16/2009

Primary Sponsor

William Carson

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Origin

Senate

145th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Permits courts to award reasonable attorney's fees and costs to plaintiffs who successfully recover damages under this chapter.

  • 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

Committee Referrals

Judiciary6/16/2009

Full Bill Text

No bill text available