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 AB88, already approved by the Assembly, allows for the civil lawsuits and fines up to $150,000 based on crimes for which perpetrators may 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 AB380 would allow for a $100,000 penalty if offenders traffic in prostitutes 14 to 17 years old, a $500,000 penalty if the child is less than 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. He said the big fines would be used to help the victimized children, and to help cover costs of prosecuting traffickers who have the
money to hire high-powered lawyers.
Lawmakers have been told that Las Vegas was identified by the FBI as one of 14 cities around the country with high rates of child prostitution, and that police officers there handled 150 cases of child prostitution last year.
Also backing the bill was Dr. Lois Lee, head of Los Angeles-based Children of the Night which helps children victimized by prostitution, who said Nevada lacks similar programs.
Joe Murrin of Las Vegas told lawmakers that Lee's organization helped his daughter get away from prostitution that began when she was a minor. Murrin said pimps are indiscriminate in trying to lure children into prostitution, adding, "The next time it may be somebody you love."