What is an Exploited Children Civil Remedy? South Florida Criminal Defense Attorney Explains
What is Child Pornography in Florida?
Exploited Children’s Civil Remedy in Florida
Exploited Children’s Civil Remedy is a Florida statute for anyone who under the age of 18 were victims of sexual abuse crime to seek a remedy for their exploitation (Fla Sta. 847.01357) .
Any child whose abuse was used in the production of child pornography in Florida and who suffers personal or psychological injury as a result of the production, promotion, or possession of such pornographic material may bring the action to state court against the producer, promoter, or even possessor of such images or movies.
Victims of child pornography can file for exploited children’s civil remedy in Florida even if they are now adults. If the abuse and production of child porn happened to a minor, they have until their 21-years old, or potentially even older depending on if there was a criminal case. They may recover damages sustained as well as the cost of their lawsuit, including attorney fees. Damages awarded to victims under this statute are at least in amounts of $150,000 or more.
Actions under this section of the law must be filed within 3 years after the later of:
- “the conclusion of a related criminal case,”
- “the notification to the victim by a member of a law enforcement agency of the creation, possession, or promotion of pornographic images,”
- “in the case of a victim younger than 18, within 3 years after the person reaches the age of 18.”
A victim who has a genuine claim, under this statute, will be given a pseudonym to be used in legal proceedings and privacy will be maintained by the Department of Legal Affairs.
This pseudonym will be recognized in all courts in the state as a valid legal identity. At the victims request (with agency approval) the Office of the Attorney General may pursue the case on behalf of any Florida victim, awarding damages received to said individual. The Office of the Attorney General may seek reasonable attorney fees and costs approved under this statute.
Civil Remedy for Personal Injuries related to Childhood Pornography at the Federal Level (18 U.S. Code § 2255)
Similar to the remedies available in Florida, at the federal level, minors who were victims to any of the following violations who suffered personal injury as a result of these violations, regardless if the injury occurred while they were minors, have the right to sue in a US District Court and receive damages.
The following are a list of violations for which victims are entitled to receive damages and compensation for:
- forced labor,
- trafficking with respect to forced labor,
- sex trafficking of children,
- sexual abuse of a minor or ward,
- sexual exploitation of children,
- selling or buying of children,
- certain activities relating to material involving the sexual exploitation of minors or cortaining child pornography, production of sexually explicit depictions of a minor, transportation, or coercion.
Such persons are entitled to receive damages in the amount of at least $150,000 and costs of pursuing their case in court including attorney fees.
Similar to the Florida statute, the federal code places a limit on the time allowed to pass before a victim seeks trial. A complaint under this court must be filed no later than:
- 10 years after the date on which the plaintiff (victim suing or person who brings the case to court) discovers either the violation that leads to the claim or the injury the forms the basis of the claim, or
- No later than 10 years after the date the victim reaches the age of 18.
*If you know of anyone in possession of child pornography or have come across images or video of child pornography, please contact local law enforcement (click for a list of police departments statewide).
There is immunity for reporting child porn in Florida, so it is important that you do so so you don’t risk facing child pornography posession charges in the future for accidentally coming in contact with child porn.
FREE CONSULATIONS FOR PEOPLE FACING CHILD SEX CRIME CHARGES IN SOUTH FLORIDA
Rossen Law Firm is proud to offer FREE strategy sessions to anyone in South Florida facing child pornography possession or child sex crime allegations. Our strategy sessions go above and beyond “free consultations” - we take the time to sit down with you and hear your full story. We don’t put a time limit on the meeting.
After we hear your side of the story and know more circumstances of your particular child sex crime criminal allegation, we discuss the unique-to-you criminal defense strategy that we would use to defend you from your criminal allegations.
After a FREE strategy session, you’ll know exactly how we would work to fight to win your case.
Give us a call today at one of our three offices:
HOW WE WIN CHILD PORN & SEX CRIME CASES IN SOUTH FLORIDA
- Rossen Law Firm helps South Florida Man avoid mandatory 5 years in Prison for Federal Child Porn Charges.
- False Rape accusation cleared in South Florida before the false charges were officially filed against the defendant.