Mo. AG backs plan to let child porn victims sue

JEFFERSON CITY, Mo. -- Child pornography victims could sue anyone convicted of producing, promoting or possessing their sexual images for at least $150,000 in damages under a proposal backed by the Missouri attorney general.

The legislation, which could be sent to a Senate committee this week, is intended raise the financial stakes for the purveyors of child pornography while giving private law firms an incentive to help crack down on the industry.

"Possession and promotion of child pornography is often considered a victimless crime because it's an image being distributed," said Joan Gummels, the legislative director for Missouri Attorney General Chris Koster. "But every image in child pornography portrays a victim.

"The bill is an attempt to give that victim a voice against the perpetrator of the crime," Gummels added.

The Missouri legislation was filed last week by Sen. Matt Bartle, R-Lee's Summit, an attorney who for years has sought to increase state regulation of the adult entertainment industry.

The legislation would apply to pornography victims younger than 14 at the time of the crime. They would have up to three years to sue after they turn 18, after the perpetrators are convicted or after police notify them that their images were used in pornography. The legal clock would start ticking with whichever event occurs later.

A 2007 Missouri law allows child porn victims to sue perpetrators for physical or psychological injuries. But unlike the latest proposal, the existing law sets no minimum guarantee for those damages if the lawsuit is successful.

Establishing a floor of $150,000 in damages should give private attorneys a greater incentive to take such cases, Bartle said.

Sen. Kurt Schaefer, R-Columbia, who also is an attorney, called it "a very intriguing concept" that could deter some people from downloading or possessing child pornography.

Child porn bill is SB806.