SB 902

This bill creates a civil cause of action for victims of sexual extortion, which is also a crime. Under the bill, a victim of sexual extortion, or his or her parent if the victim is a child, or the personal representative of his or her estate if the victim is deceased, may bring a civil cause of action to recover damages for injury, emotional distress, or loss of property. Additionally, the bill provides that the personal representative of a deceased person or the person who would stand to benefit from a wrongful death action may bring an action for wrongful death against a person who engaged in sexual extortion if the sexual extortion was a substantial causal factor in the suicide of the deceased person. Under the bill, the victim or their representative may bring the cause of action regardless of whether there has been a criminal action for the sexual exploitation, and regardless of the outcome of any criminal action for the sexual exploitation.

Under the bill, if the victim prevails in the action, a court may award special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.