New Florida law gives victims of child pornography a voice in court

New Florida law gives victims of child pornography a voice in court

Victims will also have ability to sue for civil penalties

TALLAHASSEE, FL - The Exploited Children’s Rights Act, a groundbreaking new law that will provide victims of Florida-based child pornography rights in court proceedings and the ability to sue individuals who download and/or distribute images of the child’s sexual abuse for no less than $150,000 per incident will take effect October 1. The law sets Florida apart as a leader in the nation, as no similar law currently exists in any other state.

"For too long, victims of child pornography have been overlooked and today, Florida is righting that egregious oversight," said Attorney General Bill McCollum. "We are setting an example for the rest of the nation with the provisions this new law gives child victims."

Similar to an established Federal law, the Exploited Children’s Rights Act will provide victims of child pornography a voice in state court proceedings against those who continue their exploitation by possessing or promoting images of the child’s sexual abuse. Previously, victims did not receive information about their rights as crime victims in cases where individuals were being prosecuted for possessing an unlawful image of the child. Now, these victims' rights in criminal court will include notice, consideration, support, financial assistance, and the opportunity to be heard at a defendant’s sentencing. The new law addresses this by creating an electronic notification system which will allow victims to maintain their privacy while still participating in the judicial process. This system will be a model for the rest of the nation.

The new law also makes Florida the first state to provide victims of child pornography a civil cause of action to seek damages from defendants who download and/or distribute images of the child’s sexual abuse. The Attorney General’s Office may pursue these cases on behalf of the victims at their request and is currently contacting Florida victims to develop potential cases. Of the 66 individuals arrested by the Attorney General’s CyberCrime Unit, at least 18 child victims have been identified in conjunction with these cases. While there are no similar laws in other states that provide victims of child pornography with civil remedies, a similar Federal provision, passed as part of the Adam Walsh Act, provides this remedy in Federal court.