Under a new law that took effect July 1, 2010, victims of child pornography are now able to seek justice through the Kansas Attorney General’s Office. As part of the ongoing campaign against the crime of child pornography, Attorney General Steve Six and the National Center for Missing & Exploited Children are seeking the media’s assistance in publicizing this new law and ensuring justice for the victims of convicted sexual predators.
“Over the past two and a half years, the Attorney General’s office has focused on online safety and I have dedicated investigators to hunt down child pornography,” said Attorney General Six. “Unlike other crime victims, victims of child pornography are re-victimized each time their image is distributed and viewed on the internet. With this new law, the Attorney General’s office may now seek civil damages on behalf of victims and strengthen the punishment of these predators.”
A summary of HB 2509 is included below. In brief, the bill provides for the recovery of actual damages of at least $150,000. Civil action may be pursued through private counsel, but at the victims request the Attorney General may provide legal representation for the victim.
Damages may be sought in action against not only a producer of child pornography, but also against an individual that promoted the pornography and against individuals who intentionally possessed the pornography.
“This important new law allows the Attorney General of Kansas to pursue cases on behalf of child victims of pornography,” said Ernie Allen, President and CEO of the National Center for Missing & Exploited Children (NCMEC), “This will enable these child victims to seek monetary damages for the treatment necessary for their recovery.”
NCMEC operates the Congressionally-mandated CyberTipline (www.cybertipline.com) which has received more than 820,000 reports of online child pornography since 1998.
The Attorney General’s office was active in the crafting and passage of HB 2509 during the 2010 Legislative session, raising concerns that an earlier version of the bill could create liability for members of law enforcement involved in child pornography investigations.
“Protecting Kansans is the top priority of the Attorney General’s office, and no Kansans are more vulnerable than our children,” said Attorney General Six. “These sexual predators represent a constant threat, a threat I will not take idly. We have had success in prosecuting these individuals under existing criminal statutes, but with the passage of HB 2509 we can also bring a new form of justice to the victims.”
Individuals who have been victims of the crime of child pornography and believe they could pursue a case against their abuser should contact the Attorney General’s Victims Services division at 1-800-828-9745, online at http://www.ksag.org/page/serving-victims or by e-mailing child.shield@ksag.org.
Information about House Bill 2509:
The bill provides a recovery for actual damages of at least $150,000. In order to bring a civil action against a producer, promoter, or intentional possessor of child pornography the plaintiff would have to allege and prove that while he or she was under the age of 18; he or she was the victim of an offense that resulted in a conviction; that offense was used in the production of child pornography; and the victim suffered personal or psychological injury as a result.
Civil action may be pursued through private counsel or by the Attorney General at the victim’s request.
The bill also creates a statute of limitations. Action must be taken within three years of one of the following events, whichever is later;
· The conclusion of a related criminal case;
· The notification of the victim by law enforcement of the child pornography; or
· If the victim is younger than 18, within 3 years after the person reaches the age of 18.
Finally, the bill provides that civil action may not be filed against law enforcement officers, forensic examiners, or child advocacy organizations for acts done in the performance of their duty.
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Under a new law that took effect July 1, 2010, victims of child pornography are now able to seek justice through the Kansas Attorney General’s Office. As part of the ongoing campaign against the crime of child pornography, Attorney General Steve Six and the National Center for Missing & Exploited Children are seeking the media’s assistance in publicizing this new law and ensuring justice for the victims of convicted sexual predators.
“Over the past two and a half years, the Attorney General’s office has focused on online safety and I have dedicated investigators to hunt down child pornography,” said Attorney General Six. “Unlike other crime victims, victims of child pornography are re-victimized each time their image is distributed and viewed on the internet. With this new law, the Attorney General’s office may now seek civil damages on behalf of victims and strengthen the punishment of these predators.”
A summary of HB 2509 is included below. In brief, the bill provides for the recovery of actual damages of at least $150,000. Civil action may be pursued through private counsel, but at the victims request the Attorney General may provide legal representation for the victim.
Damages may be sought in action against not only a producer of child pornography, but also against an individual that promoted the pornography and against individuals who intentionally possessed the pornography.
“This important new law allows the Attorney General of Kansas to pursue cases on behalf of child victims of pornography,” said Ernie Allen, President and CEO of the National Center for Missing & Exploited Children (NCMEC), “This will enable these child victims to seek monetary damages for the treatment necessary for their recovery.”
NCMEC operates the Congressionally-mandated CyberTipline (www.cybertipline.com) which has received more than 820,000 reports of online child pornography since 1998.
The Attorney General’s office was active in the crafting and passage of HB 2509 during the 2010 Legislative session, raising concerns that an earlier version of the bill could create liability for members of law enforcement involved in child pornography investigations.
“Protecting Kansans is the top priority of the Attorney General’s office, and no Kansans are more vulnerable than our children,” said Attorney General Six. “These sexual predators represent a constant threat, a threat I will not take idly. We have had success in prosecuting these individuals under existing criminal statutes, but with the passage of HB 2509 we can also bring a new form of justice to the victims.”
Individuals who have been victims of the crime of child pornography and believe they could pursue a case against their abuser should contact the Attorney General’s Victims Services division at 1-800-828-9745, online at http://www.ksag.org/page/serving-victims or by e-mailing child.shield@ksag.org.
Information about House Bill 2509:
The bill provides a recovery for actual damages of at least $150,000. In order to bring a civil action against a producer, promoter, or intentional possessor of child pornography the plaintiff would have to allege and prove that while he or she was under the age of 18; he or she was the victim of an offense that resulted in a conviction; that offense was used in the production of child pornography; and the victim suffered personal or psychological injury as a result.
Civil action may be pursued through private counsel or by the Attorney General at the victim’s request.
The bill also creates a statute of limitations. Action must be taken within three years of one of the following events, whichever is later;
· The conclusion of a related criminal case;
· The notification of the victim by law enforcement of the child pornography; or
· If the victim is younger than 18, within 3 years after the person reaches the age of 18.
Finally, the bill provides that civil action may not be filed against law enforcement officers, forensic examiners, or child advocacy organizations for acts done in the performance of their duty.
