Bill > SB203

Introduced Session

Legislative Counsel's Digest: Existing law provides that a civil action to recover damages for sexual abuse that occurred when the plaintiff was less than 18 years of age must be commenced within 20 years after either of the following occurs, whichever is later: (1) the plaintiff reaches 18 years of age; or (2) the plaintiff discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse. Existing law also provides that a civil action to recover damages for injuries suffered by a victim of pornography involving minors must be commenced within 20 years after either of the following occurs, whichever is later: (1) the court enters a verdict in a related criminal case; or (2) the victim reaches the age of 18 years. (NRS 11.215) Section 1 of this bill eliminates the statute of limitations for a civil action to recover damages for: (1) sexual abuse or sexual exploitation if the sexual abuse or sexual exploitation occurred when the plaintiff was less than 18 years of age; and (2) injuries suffered by a victim of pornography involving minors. Existing law provides that a criminal conviction of a defendant for the injury alleged in a civil action is conclusive evidence of all facts necessary to impose civil liability on the defendant. (NRS 41.133) Section 2 of this bill provides that if a plaintiff is the victim of sexual abuse or sexual exploitation, a person has been convicted of a crime arising out of such sexual abuse or sexual exploitation and the plaintiff commences a civil action against a person other than the person convicted of the crime, then the judgment of conviction of the person convicted of the crime is conclusive evidence in the civil action that the person sexually abused or sexually exploited the plaintiff. Section 2 also provides that a person is liable to a plaintiff for damages if the person knowingly benefits from a venture that the person knew or should have known has engaged in sexual abuse or sexual exploitation of another person. Finally, section 2 provides that if a person who is liable to a plaintiff knowingly participated in and gained a benefit from or covered up the sexual abuse or sexual exploitation of the plaintiff, the person is liable for treble damages. The statute of limitations for bringing a civil action pursuant to section 2 is set forth in section 1. Section 3 of this bill makes conforming changes by removing references to the statutes of limitations that were eliminated by this bill. Section 4 of this bill provides that the changes in this bill apply retroactively to any act constituting sexual abuse or sexual exploitation, any act relating to pornography and a minor and any act described in section 2 for which a person would be liable even if the statute of limitations that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barred by the former statute of limitations is revived by this bill. SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 11.215 is hereby amended to read as follows: 11.215 1. Except as otherwise provided in subsection 2 and NRS 217.007, an An action to recover damages for an injury to a person arising from the sexual abuse or sexual exploitation of the plaintiff which occurred when the plaintiff was less than 18 years of age must may be commenced within 20 years after the plaintiff: (a) Reaches 18 years of age; or (b) Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse, whichever occurs later. against the alleged perpetrator or person convicted of the sexual abuse or sexual exploitation of the plaintiff at any time after the sexual abuse or sexual exploitation occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual abuse or sexual exploitation, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury. 2. An action to recover damages pursuant to NRS 41.1396 must may be commenced within 20 years after the occurrence of the following, whichever is later: (a) The court enters a verdict in a related criminal case; or (b) The victim reaches the age of 18 years. at any time. 3. An action to recover damages pursuant to section 2 of this act must be commenced within 20 years after the plaintiff reaches 18 years of age. 4. As used in this section , sexual : (a) Sexual abuse has the meaning ascribed to it in NRS 432B.100. (b) Sexual exploitation has the meaning ascribed to it in NRS 432B.110. Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows: 1. If a plaintiff is the victim of sexual abuse or sexual exploitation, a person has been convicted of a crime arising out of such sexual abuse or sexual exploitation of the plaintiff and the plaintiff commences a civil action against a person other than the person convicted of the crime, then the judgment of conviction of the person convicted of the crime is conclusive evidence in the civil action that the person convicted of the crime sexually abused or sexually exploited the plaintiff. 2. A person is liable to a plaintiff for damages if the person knowingly benefits, financially or by receiving anything of tangible value, from participation in a venture which that person knew or should have known has engaged in sexual abuse or sexual exploitation of another person. 3. A person who is liable to a plaintiff under subsection 2 and who knowingly participated in and gained a benefit from or covered up the sexual abuse or sexual exploitation of the plaintiff is liable to the plaintiff for treble damages. 4. For the purposes of this section, a hotel, motel or other establishment with more than 175 rooms available for sleeping accommodations for the public shall be deemed not to benefit, or to have gained a benefit, from the rental of a room. 5. As used in this section: (a) Convicted has the meaning ascribed to it in NRS 41B.070. (b) Cover up means a concerted effort to hide evidence relating to sexual abuse or sexual exploitation. (c) Sexual abuse has the meaning ascribed to it in NRS 432B.100. (d) Sexual exploitation has the meaning ascribed to it in NRS 432B.110. Sec. 3. NRS 217.007 is hereby amended to read as follows: 217.007 1. A victim may commence any action specified in NRS 11.190 , 11.215 or 207.470 which arises from the commission of a felony, against the person who committed the felony within 5 years after the time the person who committed the felony becomes legally entitled to receive proceeds for any contribution to any material that is based upon or substantially related to the felony which was perpetrated against the victim. 2. If the limitation period established in NRS 11.190 , 11.215 or 207.520 has otherwise expired, the liability of the person committing the felony to a victim imposed under this section must be limited to the value of the proceeds received by the person who committed the felony for any contribution to material that is based upon or substantially related to the felony which was perpetrated against the victim. 3. For purposes of this section: (a) Material means a book, magazine or newspaper article, movie, film, videotape, sound recording, interview or appearance on a television or radio station and live presentations of any kind. (b) Proceeds includes money, royalties, real property and any other consideration. (c) Victim means any person: (1) Against whom a crime has been committed; (2) Who has been injured or killed as a direct result of the commission of a crime; or (3) Who is the surviving spouse, a parent or a child of such a person. Sec. 4. 1. The amendatory provisions of this act apply retroactively to any act constituting sexual abuse or sexual exploitation and any act for which a person is liable under NRS 41.1396 or section 2 of this act that occurred before the effective date of this act, regardless of any statute of limitations that was in effect at the time the act constituting sexual abuse or sexual exploitation or act for which a person is liable under NRS 41.1396 or section 2 of this act occurred, including, without limitation, any civil action that would have been barred by the statute of limitations that was in effect before the effective date of this act. 2. As used in this section: (a) Sexual abuse has the meaning ascribed to it in NRS 432B.100. (b) Sexual exploitation has the meaning ascribed to it in NRS 432B.110. Sec. 5. This act becomes effective upon passage and approval.

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Marilyn Dondero Loop (D)*,  Lisa Krasner (R)*,  Nicole Cannizzaro (D),  Fabian Donate (D),  Dallas Harris (D),  Dina Neal (D),  James Ohrenschall (D),  Julia Ratti (D),  Melanie Scheible (D),  Pat Spearman (D), 

Approved by the Governor. Chapter 288. (on 06/02/2021)

Official Document