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 Title 21 of the Oklahoma Statutes, where such offense resulted in a conviction and any portion of such offense was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such child pornography, may bring a civil action against the producer, promoter, or intentional possessor of such child pornography, 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 pornography; 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 pornography.
E. As used in this section, “child pornography” shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.
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
4. Employee of a child advocacy organization.
Added by Laws 2011, c. 195, § 1, eff. Nov. 1, 2011.
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