Oklahoma § 21-1040.56 - Cause of action – Damages – Statute of limitations

§ 21-1040.56. Cause of action – Damages – Statute of limitations

A. Any person who, while under the age of eighteen (18), was a

victim of an offense provided for in Section 681, 741, 843.5, 852.1,

867, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1024.2, 1040.8,

1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of

this title, where such offense resulted in a conviction and any

portion of such offense was used in the production of child sexual

abuse material, and who suffers personal or psychological injury as

a result of the production, promotion, or possession of such child

sexual abuse material, may bring a civil action against the

producer, promoter, or intentional possessor of such child sexual

abuse material, regardless of whether the victim is now an adult.

B. In any civil action brought under this section, the

prevailing plaintiff shall recover the actual, special and punitive

damages such person sustained and the cost of the suit, including

reasonable attorney fees.

C. Notwithstanding any other provision of law, any civil action

commenced pursuant to this section shall be filed within three (3)

years after the later of:

1. The conclusion of the related criminal case;

2. The notification to the victim by a law enforcement agency

of the creation, possession, distribution or promotion of child

sexual abuse material; or

3. In the case of a victim younger than eighteen (18) years of

age, within three (3) years after the person reaches the age of

eighteen (18).

D. It is not a defense to a civil cause of action under this

section that the respondent did not know the victim or commit the

abuse depicted in the child sexual abuse material.

E. As used in this section, "child sexual abuse material" shall

have the same meaning as such term is defined in Section 1024.1 of

this title.

F. The provisions of this section shall not apply to any acts

performed in the scope and course of employment by any:

1. Law enforcement officer;

2. Forensic examiner;

3. Prosecuting attorney; or

Oklahoma Statutes - Title 21. Crimes and Punishments

4. Employee of a child advocacy organization.

Added by Laws 2011, c. 195, § 1, eff. Nov. 1, 2011.

2024, c. 59, § 31, eff. Nov. 1, 2024.

Amended by Laws