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.

Statutes affected:
As Introduced: 11.215, 217.007
Reprint 1: 11.215, 217.007
Reprint 2: 11.215, 217.007
Reprint 3: 11.215, 217.007
As Enrolled: 11.215, 217.007