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2011 SESSION

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SB 1426 Child pornography; restitution for victims.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Child pornography. Provides that a defendant convicted of an offense relating to child pornography shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. The Commonwealth shall make reasonable efforts to notify victims of any such offense. This bill is identical to HB 1995.

SUMMARY AS PASSED SENATE:

Child pornography. Provides that a defendant convicted of an offense relating to child pornography shall be ordered to pay restitution to the victim of the offense in an amount as determined by the court. The Commonwealth shall make reasonable efforts to notify victims of any such offense.

SUMMARY AS INTRODUCED:

Child pornography; civil action.  Creates a civil cause of action for victims of child pornography that entitles them to recover compensatory damages together with the costs of litigation. Punitive damages may also be awarded if an award of compensatory damages is made. Such actions are subject to a two-year limitations period from the later of the conclusion of a related criminal case or the notification of the victim by a member of a law-enforcement agency of the offense. The bill also provides for an additional $100 fee to be assessed upon conviction for a violation of § 18.2-374.1 (production, etc., or child pornography) or 18.2-374.1:1 (possession, etc., of child pornography).