legislation: 101-s-1226
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-s-1226 | 101 | s | 1226 | Pornography Victims' Compensation Act of 1989 | Law | 1989-06-22 | 1989-06-22 | Read twice and referred to the Committee on Judiciary. | Senate | Sen. McConnell, Mitch [R-KY] | KY | R | M000355 | 11 | Pornography Victims' Compensation Act of 1989 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, or sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of a rape, sexual assault, or a sexual crime; (2) the material is sexually explicit and was a proximate cause of the offense; and (3) the defendant is a producer or distributor of the material or exhibited or sold it to the sexual offender and should have known that the material was sexually explicit. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts depicted and the actual offense, testimony of the offender, and testimony of experts who have examined the offender that such material influenced or incited the commission of the offense. Lists additional factors to be considered by the finder of fact, including: (1) possession by the offender of material produced, distributed, exhibited, or sold by the defendant; (2) whether such material depicts violent behavior or children participating in sexual activity; and (3) whether anything contained in such material would tend to promote violent sexual acts or the sexual abuse of children. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Authorizes injunctive relief to enjoin the production, distribution, exhibition, or sale of any such material found to have influenced or incited the sexual offender to commit the offense. Sets forth additional requirements for the granting of injunctive relief. | 2025-08-26T17:29:23Z |