§ 41.1396 — Action for damages for injury suffered by victim of pornography involving minors; presumed statutory damages; attorney’s fees and costs; protection of victim’s identity; limitation on defenses

1. Any person who, while under the age of 16 years, appeared in any film, photograph or other visual presentation engaging in sexual conduct and who suffered personal or psychological injury as a result may bring an action against any person who, while over the age of 18 years, knowingly and willfully:
(a) Promoted the film, photograph or other visual presentation;
(b) Possessed the film, photograph or other visual presentation; or
(c) Used the Internet to control the film, photograph or other visual presentation, with the specific intent to view the film, photograph or other visual presentation.
2. A plaintiff who prevails in an action brought pursuant to this section may recover the plaintiff’s actual damages, which shall be deemed to be at least $150,000, plus attorney’s fees and costs.
3. A plaintiff may request to use a pseudonym instead of the plaintiff’s name in all court proceedings and records related to an action brought pursuant to this section. Upon notification that a plaintiff has requested to use a pseudonym, the court shall ensure that the pseudonym is used in all court proceedings and records.
4. It is not a defense to a cause of action under this section that a defendant did not know the plaintiff or did not engage in the sexual conduct with the plaintiff.
5. As used in this section:
(a) “Promote” has the meaning ascribed to it in NRS 200.700 .
(b) “Sexual conduct” means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

Legislative History

(Added to NRS by 2009, 2663 )