Creating a civil cause of action for sexual extortion

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Who's behind it

3 senators are its authors⁠. All 3 are Republicans.

22 more lawmakers signed on in support⁠.