NRS 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.

Source: Section 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., https://www.­leg.­state.­nv.­us/NRS/NRS-041.­html#NRS041Sec1396.

41.130
Liability for personal injury. 41.131
Limitation on basis of liability of manufacturers and distributors of firearms and ammunition. 41.133
Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. 41.134
Action for damages for injuries resulting from acts of domestic violence 41.135
Limitation on liability of victims of certain crimes for injury or damage sustained by offender. 41.138
Action for unwelcome or nonconsensual sexual conduct 41.139
Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property 41.1305
Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older 41.1315
Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way. 41.1345
Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information 41.1391
Standard of care and duty of certain first responders not affected by training relating to developmental disabilities. 41.1393
Discharge of duty to warn trespasser against dangerous condition. 41.1395
Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation 41.1396
Action for damages for injury suffered by victim of pornography involving minors 41.1397
Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus. 41.1398
Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault. 41.1399
Action by victim of human trafficking
Last Updated

Jun. 24, 2021

§ 41.1396’s source at nv​.us