BP BHEAD INT S

AN ACT Relating to a civil action as a remedy for coercion in the making of sexually explicit films or videos; adding new sections to chapter 9.68 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that preventing and remedying sexual exploitation is a government objective of extreme importance. The legislature further finds that individuals have been coerced into performing sexual acts in films and other media for the financial gain of others. The legislature also finds that the victim is further victimized when the reproduction of the sexual exploitation is viewed by others.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 6 of this act.

(1) "Coerced" means that coercion as defined in RCW 9A.36.070 has been applied.

(2) "Sexually explicit conduct" has the same meaning as in RCW 9.68A.011(3) (a),(b),(c),(d), and (f).

NEW SECTION. Sec. 3. Any person who is coerced into performing sexually explicit conduct in a film or video may bring a cause of action against any person who coerced the person into the performance. If the court finds that the performance is the result of coercion, the court shall order that the original and all copies of the film or video in the possession or control of the defendant or defendants be surrendered to the court for destruction and may award actual damages, punitive damages of up to fifty thousand dollars, injunctive relief including the prevention of any further display of the coerced performance, attorneys' fees, and court costs.

NEW SECTION. Sec. 4. After a court has found that a performance is the result of coercion under section 3 of this act, the coerced person may file an action against any person who has been served with a copy of the judgment obtained under section 3 of this act and who makes, copies, distributes, exhibits, or sells a film or video of the performance. If the plaintiff prevails in this action, the court may award damages, injunctive relief including the prevention of any further display of the coerced performance, attorneys' fees, and court costs. The court shall also order that the original and all copies of the film or video in the possession or control of the defendant or defendants in this action be surrendered to the court for destruction.

NEW SECTION. Sec. 5. If the film or video containing the coerced performance is enjoined from further display under section 3 or 4 of this act, a purchaser of the product containing the coerced performance is entitled to be reimbursed by the seller for the actual cost of the product and may bring an action in any court to enforce this section. Any person who prevails in a court action for reimbursement under this section shall be awarded attorneys' fees and court costs. All copies of the film or video that are subject to reimbursement under this section shall be surrendered to the court for destruction.

NEW SECTION. Sec. 6. (1) A claim brought under sections 3 through 5 of this act shall not expire before six years have elapsed from the date of the coerced performance or performances or from the last appearance or sale of any product of the performance or performances, whichever date is later.

(2) Proof of one or more of the following facts or conditions shall not by itself negate a finding of coercion:

(a) The person is or has been a prostitute;

(b) The person has attained the age of majority;

(d) The person has previously had, or been thought to have had, sexual relations with anyone, including anyone involved in or related to the making of the film or video;

(e) The person has previously posed for sexually explicit pictures for or with anyone, including anyone involved in or related to the making of the film or video that is the subject of the claim;

(f) Anyone else, including a spouse or other relative, has given permission on the person's behalf;

(g) The person knew the purpose of the acts or events in question was to make the film or video;

(h) The person showed no resistance or appeared to cooperate actively in the photographic sessions or in the events that produced the film or video;

(i) The person signed a contract, or made statements affirming a willingness to cooperate in the production of the film or video;

(j) No physical force or weapons were used in the making of the film or video;

(k) The person was paid or otherwise compensated.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. Sections 2 through 6 of this act are each added to chapter 9.68 RCW.