AB 2105: Punitive damages: minors.

Existing law provides that in specified civil actions brought by, on behalf of, or for the benefit of, senior citizens or disabled persons, as defined, the trier of fact must consider certain factors in determining the fine or penalty to be imposed. If the trier of fact makes an affirmative finding of any of these factors, existing law permits the imposition of a fine or penalty up to 3 times greater than authorized by statute, or, if the statute does not authorize a specific amount, up to 3 times greater than the amount the trier of fact would have imposed in the absence of that affirmative finding.

This bill would add similar provisions applicable to civil actions brought by, on behalf of, or for the benefit of, a minor or nonminor dependent, as defined, who is a victim of commercial sexual exploitation, as defined, against the person who committed the act and who is over 18 years of age, permitting imposition of a fine or penalty, payable to the victim, of up to 3 times greater than authorized by statute if specified findings are made by the trier of fact. The bill would also authorize a court, if no civil penalty is authorized by statute, to award a civil penalty not exceeding $50,000, and not less than $10,000, for each act of commercial sexual exploitation committed by the defendant upon making a specified affirmative finding, as specified.