Child porn bill challenged
May 9, 2009 - 9:00 pm
By BRENDAN RILEY
CARSON CITY -- A proposal allowing civil lawsuits when victims of childhood sex crimes learn there's pornography depicting the crimes against them was challenged Friday by a critic who said that as written it offers a "field day" to defense lawyers.
Allen Lichtenstein of the American Civil Liberties Union of Nevada told the Senate Judiciary Committee that Assembly Bill 88, already approved by the Assembly, would allow civil lawsuits and fines up to $150,000 based on crimes for which perpetrators might never have been convicted.
"As written now it's in the absence of any kind of criminal case," Lichtenstein said, adding that the remedy is to allow for such lawsuits against the person actually convicted of the crime that resulted in the pornographic image.
AB88 was sought by Attorney General Catherine Cortez Masto.
Assistant Attorney General Keith Munro told the committee his office was "willing to listen" to the ACLU advice and glad to see that the measure might have the ACLU's support with the suggested changes.
Judiciary Chairman Terry Care, D-Las Vegas, cautioned that any changes to the measure must be completed by the end of next week, when a deadline hits for approval of one house's bills by committees in the other house.
In other action, the Judiciary Committee was asked to impose civil penalties of up to $1 million, in addition to any criminal charges, on sex traffickers who lure or force children into prostitution.
Assemblyman John Hambrick said his Assembly Bill 380 would allow a $100,000 penalty if offenders traffic in prostitutes 14 to 17 years old, a $500,000 penalty if the child is under 14, and a $1 million fine if the offender is part of a conspiracy to prostitute children.
"We need to hit them where they really need to be hit, in their pocketbooks," said Hambrick, R-Las Vegas.
Hambrick's bill also would let authorities freeze and eventually seize assets of those involved in child prostitution.