Pornography Victims' Compensation Act of 1992 — Informed

Bill102th CongressFiled Jul 22, 1991Law

S. 1521

Pornography Victims' Compensation Act of 1992

Bill journey · stage 2 of 5

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What it doesSummary reported to senate with amendment(s) (Aug 12, 1992)

Pornography Victims' Compensation Act of 1992 - Authorizes a victim of a sex offense or a guardian, immediate family member, or estate of such a victim to bring a civil action in a U.S. district court or State court against a producer, distributor, exhibitor, renter, or seller of obscene material or child pornography that affects interstate or foreign commerce to recover damages suffered as a result of the sex offense.

Directs that any such action in which it is alleged that exposure of the sex offender to the material was a substantial cause of the commission of a sex offense, be brought in a court sitting in the Federal judicial district in which the material or pornography was exhibited, rented, or sold to the offender, and not be transferred to a court in any other district.

Requires the plaintiff, in order to recover in a civil action brought under this Act, to prove by a preponderance of evidence (with exceptions) that: (1) the victim was a victim of a sex offense for which the offender was convicted (or, if the offender was not convicted and is deceased, the plaintiff must establish beyond a reasonable doubt in the civil action that the sexual offense was committed by the offender against the victim); (2) exposure of the offender to the material or pornography was a substantial cause of the offense; (3) the defendant is: (a) a producer or distributor of material that was produced or distributed by the defendant after the date of enactment of this Act and that was exhibited, rented, or sold to the offender; (b) an exhibitor, renter, or seller of the material that exhibited, rented, or sold the material to the offender after such date; (c) a producer or distributor of pornography that was produced or distributed by the defendant after May 21, 1984, and was exhibited, rented, or sold to the offender; or (d) an exhibitor, renter, or seller of child pornography that exhibited, rented, or sold child pornography to the offender after May 21, 1984; (4) the defendant was convicted of a violation of Federal, State, or local criminal obscenity or child pornography law in a jurisdiction in which venue is appropriate for producing, distributing, exhibiting, renting, or selling the material or pornography that is alleged to have been a substantial cause of the sex offense; (5) in a case involving obscene material, the material is obscene beyond a reasonable doubt, the defendant reasonably should have foreseen that exposure of a person to the material produced, distributed, exhibited, rented, or sold by the defendant would be a substantial cause of the commission of a sex offense, and the material was of such a nature as to incite the criminal sexual behavior of the offender; and (6) the production, distribution, exhibition, rental, sale, or transport of the material or pornography by the defendant affects interstate or foreign commerce.

Specifies that exposure of a person to the material or pornography shall be considered to have been a substantial cause of the person's commission of a sex offense if it was a direct motivating factor in causing the offender to commit the offense. Permits the court, on motion of the plaintiff or the defendant, to order a physical or mental examination of an offender to the extent permitted under the Constitution.

Directs that: (1) the plaintiff be awarded actual damages (including compensation for pain and suffering) and costs of the suit; and (2) damages be assessed against each of a defendant producer, distributor, exhibitor, renter, or seller of the material or pornography in an amount proportionate to the share of injury to the victim for which each such defendant is responsible.

Prohibits such an action unless it is brought on or before: (1) one year after the date on which a judgment entered in criminal proceedings against the sex offender becomes final; and (2) seven years after the date on which the material or pornography was exhibited, rented, or sold to the offender.

Tolls the statute of limitation during the period beginning on the date: (1) on which the victim of a sex offense makes a complaint with law enforcement authorities and ending on the date on which a judgment in criminal proceedings against the offender becomes final; and (2) any person makes a complaint with such authorities against a defendant in the civil action for violation of a Federal, State, or local criminal obscenity or pornography law for producing, distributing, exhibiting, renting, or selling the material of pornography that is alleged to have been a substantial cause of a sex offense and ending on the date on which a judgment in the criminal proceedings becomes final.

What just happenedAug 12, 1992

Placed on Senate Legislative Calendar under General Orders. Calendar No. 631.

Who’s behind it

Sen. McConnell, Mitch [R-KY](R-KY)Sponsor

15 cosponsors2 D13 R

Read on Congress.gov

15cosponsors1committees9actions14subjects

Aug 12, 1992Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 631.
Aug 12, 1992Committee
Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute and an amendment to the title. With written report No. 102-372.
Judiciary Committee
Aug 12, 1992Committee14000
Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute and an amendment to the title. With written report No. 102-372.
Judiciary Committee
Jun 25, 1992Committee
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Judiciary Committee
Jun 11, 1992Committee
Committee on Judiciary. Committee consideration and Mark Up Session held.
Judiciary Committee
Apr 8, 1992Committee
Committee on Judiciary. Committee consideration held.
Judiciary Committee
Jul 23, 1991Committee
Committee on Judiciary. Hearings held.
Judiciary Committee
Jul 22, 1991IntroReferral
Read twice and referred to the Committee on Judiciary.
Judiciary Committee
Jul 22, 1991IntroReferral10000
Introduced in Senate

Reported to Senate with amendment(s)Aug 12, 199201

Pornography Victims' Compensation Act of 1992 - Authorizes a victim of a sex offense or a guardian, immediate family member, or estate of such a victim to bring a civil action in a U.S. district court or State court against a producer, distributor, exhibitor, renter, or seller of obscene material or child pornography that affects interstate or foreign commerce to recover damages suffered as a result of the sex offense.

Directs that any such action in which it is alleged that exposure of the sex offender to the material was a substantial cause of the commission of a sex offense, be brought in a court sitting in the Federal judicial district in which the material or pornography was exhibited, rented, or sold to the offender, and not be transferred to a court in any other district.

Requires the plaintiff, in order to recover in a civil action brought under this Act, to prove by a preponderance of evidence (with exceptions) that: (1) the victim was a victim of a sex offense for which the offender was convicted (or, if the offender was not convicted and is deceased, the plaintiff must establish beyond a reasonable doubt in the civil action that the sexual offense was committed by the offender against the victim); (2) exposure of the offender to the material or pornography was a substantial cause of the offense; (3) the defendant is: (a) a producer or distributor of material that was produced or distributed by the defendant after the date of enactment of this Act and that was exhibited, rented, or sold to the offender; (b) an exhibitor, renter, or seller of the material that exhibited, rented, or sold the material to the offender after such date; (c) a producer or distributor of pornography that was produced or distributed by the defendant after May 21, 1984, and was exhibited, rented, or sold to the offender; or (d) an exhibitor, renter, or seller of child pornography that exhibited, rented, or sold child pornography to the offender after May 21, 1984; (4) the defendant was convicted of a violation of Federal, State, or local criminal obscenity or child pornography law in a jurisdiction in which venue is appropriate for producing, distributing, exhibiting, renting, or selling the material or pornography that is alleged to have been a substantial cause of the sex offense; (5) in a case involving obscene material, the material is obscene beyond a reasonable doubt, the defendant reasonably should have foreseen that exposure of a person to the material produced, distributed, exhibited, rented, or sold by the defendant would be a substantial cause of the commission of a sex offense, and the material was of such a nature as to incite the criminal sexual behavior of the offender; and (6) the production, distribution, exhibition, rental, sale, or transport of the material or pornography by the defendant affects interstate or foreign commerce.

Specifies that exposure of a person to the material or pornography shall be considered to have been a substantial cause of the person's commission of a sex offense if it was a direct motivating factor in causing the offender to commit the offense. Permits the court, on motion of the plaintiff or the defendant, to order a physical or mental examination of an offender to the extent permitted under the Constitution.

Directs that: (1) the plaintiff be awarded actual damages (including compensation for pain and suffering) and costs of the suit; and (2) damages be assessed against each of a defendant producer, distributor, exhibitor, renter, or seller of the material or pornography in an amount proportionate to the share of injury to the victim for which each such defendant is responsible.

Prohibits such an action unless it is brought on or before: (1) one year after the date on which a judgment entered in criminal proceedings against the sex offender becomes final; and (2) seven years after the date on which the material or pornography was exhibited, rented, or sold to the offender.

Tolls the statute of limitation during the period beginning on the date: (1) on which the victim of a sex offense makes a complaint with law enforcement authorities and ending on the date on which a judgment in criminal proceedings against the offender becomes final; and (2) any person makes a complaint with such authorities against a defendant in the civil action for violation of a Federal, State, or local criminal obscenity or pornography law for producing, distributing, exhibiting, renting, or selling the material of pornography that is alleged to have been a substantial cause of a sex offense and ending on the date on which a judgment in the criminal proceedings becomes final.

Introduced in SenateJul 22, 199100

Pornography Victims' Compensation Act of 1991 - Creates a civil cause of action against a commercial producer, distributor, or exhibitor or seller of obscene material or child pornography by a victim of a forcible sexual crime. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the material was a substantial cause of the offense; (2) the defendant is a commercial producer or distributor of the material, or commercially exhibited or sold the material to the sexual offender; (3) the producer, distributor, exhibitor, or seller should have reasonably foreseen that such material would create an unreasonable risk of such a crime; and (4) the production, distribution, sale, or transport of the type of material in the aggregate affects interstate or foreign commerce.

Prohibits the finder of fact, in determining whether the material was a substantial cause of the offense, from considering the testimony of the offender.

Authorizes the award of actual damages including compensation for pain and suffering, reasonable attorney's fees, and other costs of the suit.

Sets a statute of limitations of two years from the date of the commission of the criminal offense giving rise to the action, or one year after any conviction for such offense, whichever is earlier.