30-25-203. Enforcement -- right of victim to bring action -- private right of action -- statute of limitations.
386 words·~2 min read·
/mt/title-30/chapter-25/part-2/30-25-203·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
30-25-203 . Enforcement -- right of victim to bring action -- private right of action -- statute of limitations.
(1)A victim, or the parent or guardian of a victim if the victim is currently under 18 years of age, depicted in child sexual abuse material that is accessed in violation of 30-25-202 may maintain an action to seek the remedies available under 30-25-204 as well as restitution for a violation of 30-25-202 .
(2)For any violation of 30-25-202 not prosecuted by the victim under the authority in subsection (1), a private person may maintain an action to seek the remedies under 30-25-204 . The private person shall serve a copy of the complaint on a victim who is harmed by the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.
(3)An action under subsection
(1)must be brought within 15 years of the violation.
(4)An action under subsection
(2)must be brought within 10 years of the violation.
(a)A victim's failure to bring an action under subsection
(1)or intervene in an action under subsection
(2)does not preclude a victim's ability to bring a tort action for an injury caused by a violation of 30-25-202 , but damages awarded in a tort action for the violation must be reduced by the amount of damages paid to a victim under 30-25-204 .
(b)An action brought under subsection
(2)does not preclude a subsequent claim brought by a victim under subsection
(1)for restitution, compensatory damages, or 50% of the combined punitive and statutory damages if:
(i)the victim does not intervene in the action brought under subsection (2); and
(ii)no relief is awarded to the victim under 30-25-204 in the action brought under subsection (2).
(6)A person who meets an exception to the definition of content provider under 30-25-201 (2)(b) and also engages in activity covered under the same definition may be found to be in violation of this section only to the extent that the person engages in an activity prohibited under this section as a content provider.
(7)For the purposes of this section, each single piece of visual content containing child sexual abuse material constitutes a violation, regardless of whether the visual content is a copy or duplicate.