Proposed bill would allow child pornography victims to sue
Senators said the money could help victims reconstruct their lives.
Published Feb. 12, 2010
A bill proposed this month by the Missouri Senate would entitle victims of child pornography to sue their offenders for at least $150,000 for possessing or distributing their images.
SB 806, proposed by Sen. Matt Bartle, R-Jackson County, would allow any person younger than 14 years of age who was a victim of child pornography offenses to bring a civil action against the person convicted of the crime. According to the bill summary, a prevailing plaintiff under this provision would recover actual damages and court costs.
Bartle's Chief of Staff Todd Scott said the bill was the idea of Missouri Attorney General Chris Koster and would allow victims of child pornography to file a civil suit at $150,000, something they weren't able to do before.
"I believe it has a reasonable chance of passage," Scott said. "It closely mimics what's in current law but it expands it. Since it's not an entirely new concept it would hopefully be less controversial and we'll be able to move it forward."
Mid-Missouri Internet Crime Task Force Officer Andy Anderson said child pornography cases have been increasingly prevalent in the state of Missouri.
"At the end of 2008, one of our detectives was able to locate 25,000 computers in Missouri offering to share already identified child pornography during a six month period, so it is a phenomenal amount," Anderson said.
According to the bill summary, law enforcement handles child pornography cases by submitting the seized pornographic material to the Child Victim Identification Program at the National Center for Missing and Exploited Children, where the child's identification and age is verified. The proposed bill would continue this requirement.
Scott said the bill would also give private attorneys benefits for taking the case, allowing attorneys to go after perpetrators from a criminal and financial angle.
"Now, you not only have the criminal prosecution, but also the civil suit so we'll be coming at the problem from two different angles," Scott said. "Now we can go after the perpetrator and hopefully help the victim at the same time. Adding to the penalty in this way should also discourage people from engaging in this type of behavior."
The dynamic nature of child pornography crime forces police officials to stay alert and to develop new techniques, Columbia Police Department spokeswoman Jessie Haden said. That is due to an increase in Internet use and predators finding new ways to prey on potential victims.
Anderson said police must also adapt innovative strategies to investigate the crimes.
"We pose as kids online," Anderson said. "We're looking for people who entice the kids to have sex with them, people who are trying to expose themselves to kids, send pornography to kids, trying to talk to kids into taking pornographic picture of themselves and send it back."
Scott said the bill is an action toward not only punishing the criminal more severely and discouraging this type of behavior from reoccurring, but also giving the opportunity for victims to reconstruct their lives.
"Although money may never heal the damage that has been done, it can hopefully help child victims transition into a productive life," Scott said. "Perhaps they can use the funds to go to college or better themselves in one way or another."
At last action, the bill passed committee and moved to the full Senate.