AB681: Bill Text

AB681,2,16 (b) "Victim" means any of the following:

AB681,2,18 1. The person who was trafficked for the purpose of committing a commercial sex act, if the act of commercial sexual exploitation is a violation of s. 940.302.

AB681,2,21 2. The person who committed or who was recruited, hired, or paid to commit an act of prostitution, if the act of commercial sexual exploitation is a violation of s. 944.32, 944.33, or 944.34.

AB681,3,3 3. The person who is or was, at the time of the act of commercial sexual exploitation, the child involved if the act of commercial sexual exploitation is a violation of s. 948.05, 948.051, 948.08, or 948.12.

AB681,3,5 (2) Civil cause of action. (a) Cause of action. A victim has a cause of action against any person who does any of the following:

AB681,3,6 1. Commits an act of commercial sexual exploitation involving the victim.

AB681,3,8 2. Advertises or publishes advertisements for the purpose of recruiting a victim for an act of commercial sexual exploitation.

AB681,3,10 3. Receives money or other compensation as a result of committing an act of commercial sexual exploitation involving the victim.

AB681,3,12 (b) Remedies. A victim who brings an action under this section may obtain the following remedies:

AB681,3,13 1. Actual damages.

AB681,3,14 2. Punitive damages.

AB681,3,17 3. Damages in the amount of the gross revenues or value of other compensation received by the defendant from, or related to, his or her act of commercial sexual exploitation involving the victim.

AB681,3,23 4. Injunctive relief in the form of a temporary restraining order, temporary injunction, or injunction ordering the defendant to refrain from perpetrating any further acts of commercial sexual exploitation, or providing any other remedy that is appropriate. Notwithstanding the existence of any claims for monetary damages, a victim may seek injunctive relief against the defendant on an ex parte basis or schedule injunctive relief proceedings on an expedited basis.

AB681,3,25 5. Notwithstanding s. 814.04, reasonable attorney fees and costs of the litigation.

AB681,4,5 (c) Effect of criminal judgment. If there is a final judgment or decree rendered in favor of the state in any criminal proceeding against the defendant arising out of acts enumerated in sub. (1) (a) by the defendant involving the victim, the defendant may not deny the essential allegations of the criminal offense in any civil action or proceeding.

AB681,4,11 (d) Statute of limitations; tolling. An action under this section is subject to s. 893.575, except that the statute of limitations for an action under this section is tolled during the period beginning with the commencement of a criminal proceeding charging the person with a violation of any statute enumerated in sub. (1) (a) and ending with the final disposition, as defined in s. 893.13 (1), of the criminal proceeding.

AB681,4,14 (e) Exceptions. A person is not liable under this section for providing a good or service to the general public, who also provides the good or service to a person who commits an act described in par. (a), unless one the following applies:

AB681,4,16 1. He or she knowingly markets or provides the good or service primarily to a person who commits an act described in par. (a).

AB681,4,19 2. He or she receives greater compensation for the good or service from a person who commits an act described in par. (a) than he or she does from a member of the general public.

AB681,4,21 3. He or she supervises or exercises control of a person who commits an act described in par. (a).

AB681,4,23 (f) Defenses not available. It is not a defense to an action brought under this section that:

AB681,4,25 1. The victim and the defendant had a marital or consenting sexual relationship.

AB681,5,2 2. The victim was paid or otherwise compensated for participating in the act of commercial sexual exploitation.

AB681,5,4 3. The victim participated in an activity related to commercial sexual exploitation prior to any involvement with the defendant.

AB681,5,6 4. The victim made no attempt to   escape, flee, or otherwise terminate contact with the defendant.

AB681,5,7 5. The victim consented to engage in acts of commercial sexual exploitation.

AB681,5,8 6. The act of commercial sexual exploitation was a single or isolated incident.

AB681,5,11 7. There was no physical contact between the victim and the defendant or between the victim and another participant in an act of commercial sexual exploitation involving the victim.

AB681,5,13 8. The victim committed an act of commercial sexual exploitation against another person.

AB681,4 Section 4. Initial applicability.

AB681,5,16 (1) This act first applies to acts of commercial sexual exploitation occurring on the effective date of this subsection.

AB681,5,17 (End)