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- 1(1) 2Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such images or movies, regardless of whether the victim is now an adult. In any action brought under this section, a prevailing plaintiff shall recover the actual damages such person sustained and the cost of the suit, including reasonable attorney’s fees. Any victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.143(2) 144Notwithstanding any other provisions of law, any action commenced under this section must be filed within 3 years after the later of:166(a) 167The conclusion of a related criminal case;174(b) 175The notification to the victim by a member of a law enforcement agency of the creation, possession, or promotion of pornographic images; or198(c) 199In the case of a victim younger than 18, within 3 years after the person reaches the age of 18.219(3) 220Any victim who has a bona fide claim under this section shall, upon request, be provided a pseudonym, pursuant to s. 24192.56(3), 242which shall be issued and maintained by the Department of Legal Affairs for use in all legal pleadings. This identifier shall be fully recognized in all courts in this state as a valid legal identity.277(4) 278It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in any image of child pornography.311(5) 312To prevent the further exploitation of victims for monetary gain by any other person, at the victim’s request and pursuant to agency approval, the Office of the Attorney General may pursue cases on behalf of any Florida victim under this section. All damages obtained shall go to the victim, and the Office of the Attorney General may seek reasonable attorney’s fees and costs as authorized under this section.
