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2021 Florida Statutes (Including 2021B Session)

Title XLVI CRIMES
Chapter 847 OBSCENITY Entire Chapter
SECTION 01357
Exploited children’s civil remedy.
F.S. 847.01357
847.01357 Exploited children’s civil remedy.—
(1) Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such images or movies, regardless of whether the victim is now an adult. In any action brought under this section, a prevailing plaintiff shall recover the actual damages such person sustained and the cost of the suit, including reasonable attorney’s fees. Any victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.
(2) Notwithstanding any other provisions of law, any action commenced under this section must be filed within 3 years after the later of:
(a) The conclusion of a related criminal case;
(b) The notification to the victim by a member of a law enforcement agency of the creation, possession, or promotion of pornographic images; or
(c) In the case of a victim younger than 18, within 3 years after the person reaches the age of 18.
(3) Any victim who has a bona fide claim under this section shall, upon request, be provided a pseudonym, pursuant to s. 92.56(3), which shall be issued and maintained by the Department of Legal Affairs for use in all legal pleadings. This identifier shall be fully recognized in all courts in this state as a valid legal identity.
(4) It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in any image of child pornography.
(5) To prevent the further exploitation of victims for monetary gain by any other person, at the victim’s request and pursuant to agency approval, the Office of the Attorney General may pursue cases on behalf of any Florida victim under this section. All damages obtained shall go to the victim, and the Office of the Attorney General may seek reasonable attorney’s fees and costs as authorized under this section.
History.—s. 6, ch. 2008-172.