Parkinson expands rights to victims of child pornography

To ensure justice for victims of child pornography, Governor Mark Parkinson signed S Sub for Sub for HB 2509 today, creating a private cause of action for victims of the crime.

"Our children are our most precious asset, and as Kansans, we will not stand for such heinous acts," Parkinson said. "While no payment will ever be enough to heal the crimes committed against victims of child pornography, this legislation goes a long way in offering justice and strengthening punishment against those connected."

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. Attorney General Steve Six helped craft the legislation and looks forward to the opportunity to represent sexual abuse victims in civil court.

"I was pleased to help craft the bill to allow victims of child pornography an opportunity to directly confront their abusers," Six said. "My office is actively engaged in the criminal prosecution of the sexual exploitation of children and I believe that we need all the tools available to deter these crimes from happening, including civil penalties."

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. The bill takes effect upon its publication in the Kansas Statute Book.