SB 0198 | Creates civil liability for pornography |
Sponsor: | House | |||
LR Number: | S0571.01I | Fiscal Note: | 0571-01 | |
Committee: | Pensions and General Laws | |||
Last Action: | 02/23/99 - Hearing Conducted S Pensions & General Laws Committee | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 1999 | |||
SB 198 - This act authorizes civil liability for
manufacturers, producers or wholesale distributors of obscene
material which was possessed or viewed by an individual convicted
of any offense defined in Chapter 573, RSMo. A victim must prove
that the reading or viewing of the material proximately caused
the violation, and that the defendant knew or had reason to know
that his action was likely to cause such a violation. The
defendant shall be liable for actual damages, court costs and
reasonable attorney's fees, infliction of emotional distress,
pain and suffering and loss of consortium. The act has a three
year statute of limitations, unless the victim was under eighteen
years of age at the time of the conviction, in which case the
action must be commenced within three years of the victim's
eighteenth birthday.
JOAN GUMMELS