SB 5 - This act modifies the laws on child pornography, and establishes a civil cause of action for victims of certain child pornography-related offenses.
This section provides that any person who, while a child or minor, was a victim of certain offenses related to child exploitation or child pornography, and who suffers physical or psychological injury or illness as a result of the violation, shall be entitled to bring a civil cause of action to recover damages sustained by the violation. Any person deemed to have sustained injury or illness under this act shall be deemed to have sustained damages of no less than $150,000 in value. Any action described under this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers that the injury or illness was caused by the violation of an offense enumerated in this act.
This section prohibits any person convicted of promoting child pornography in the first degree from being eligible for probation or parole for at least three years.
This section prohibits any person convicted of promoting child pornography in the second degree from being eligible for probation.
This section makes possession of child pornography an unclassified felony with a term of imprisonment of 1 to 10 years, rather than a Class D felony with a term of imprisonment of one to four years.
SUSAN HENDERSON MOORE