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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 110 — Sexual Exploitation and Other Abuse of Children

§ 2255. Civil remedy for personal injuries

Statutory text

(a)

In General.—

Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.

(b)

Statute of Limitations.—

There shall be no time limit for the filing of a complaint commencing an action under this section.

(c)

Venue; Service of Process.—

(1)

Venue.—

Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.

(2)

Service of process.—

In an action brought under subsection (a), process may be served in any district in which the defendant—

(A)

is an inhabitant; or

(B)

may be found.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–500 § 101(b)(tVII)(s703)(a) · 100 Stat. 1783-39

    Enacted · 18 U.S.C. § 2255

    Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code source credit
    Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74

  2. Protection of Children From Sexual Predators Act of 1998

    Pub. L. 105–314 title VI § 605 · 112 Stat. 2974

    Substituted · 18 U.S.C. § 2255(a)

    Pub. L. 105–314 substituted “2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423” for “2251 or 2252”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–314 substituted “2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423” for “2251 or 2252”.

    Enacted provision · exact public law section
    SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM CERTAIN SEX CRIMES AGAINST CHILDREN. Section 2255(a) of title 18, United States Code, is amended by striking “2251 or 2252” and inserting “2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423”.

  3. Masha’s Law

    Pub. L. 109–248 § 707(b) · 120 Stat. 587

    1. Inserted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), inserted heading

    2. Inserted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), inserted “, regardless of whether the injury occurred while such person was a minor,” after “such violation”

    3. Substituted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), substituted “Any person who, while a minor, was” for “Any minor who is”

    4. Substituted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), substituted “such person” for “such minor”

    5. Substituted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), substituted “Any person as described” for “Any minor as described”

    6. Substituted · 18 U.S.C. § 2255(a)

      Pub. L. 109–248, § 707(b), substituted “$150,000” for “$50,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–248, § 707(b), inserted heading, inserted “, regardless of whether the injury occurred while such person was a minor,” after “such violation”, and substituted “Any person who, while a minor, was” for “Any minor who is”, “such person” for “such minor”, “Any person as described” for “Any minor as described”, and “$150,000” for “$50,000”.

    Enacted provision · exact public law section
    (b) In General.— Section 2255(a) of title 18, United States Code, is amended— (1) in the first sentence— (A) by striking “(a) Any minor who is” and inserting the following: “(a) In General.— Any person who, while a minor, was” ; (B) by inserting after “such violation” the following: “, regardless of whether the injury occurred while such person was a minor,”; and (C) by striking “such minor” and inserting “such person”; and (2) in the second sentence— (A) by striking “Any minor” and inserting “Any person”; and (B) by striking “$50,000” and inserting “$150,000”.

  4. Masha’s Law

    Pub. L. 109–248 § 707(c) · 120 Stat. 587

    Inserted · 18 U.S.C. § 2255(b)

    Pub. L. 109–248, § 707(c), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–248, § 707(c), inserted heading.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 2255(b) of title 18, United States Code, is amended by striking “(b) Any action” and inserting the following: “(b) Statute of Limitations.— Any action” .

  5. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1212(a)(1) · 127 Stat. 54

    Substituted · 18 U.S.C. § 2255(a)

    Pub. L. 113–4, § 1212(a)(1), substituted “section 1589, 1590, 1591, 2241(c)” for “section 2241(c)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–4, § 1212(a)(1), substituted “section 1589, 1590, 1591, 2241(c)” for “section 2241(c)”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “section 2241(c)” and inserting “section 1589, 1590, 1591, 2241(c)”; and

  6. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1212(a)(2) · 127 Stat. 54

    Substituted · 18 U.S.C. § 2255(b)

    Pub. L. 113–4, § 1212(a)(2), substituted “10 years” for “six years”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–4, § 1212(a)(2), substituted “10 years” for “six years”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “six years” and inserting “10 years”.

  7. Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

    Pub. L. 115–126 § 102(1) · 132 Stat. 318

    1. Added · 18 U.S.C. § 2255(a)

      Pub. L. 115–126, § 102(1), added subsec. (a)

    2. Struck · 18 U.S.C. § 2255(a)

      Pub. L. 115–126, § 102(1), struck out former subsec. (a) which related to civil remedy for personal injuries in general

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–126, § 102(1), added subsec. (a) and struck out former subsec. (a) which related to civil remedy for personal injuries in general.

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) In General.— Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.” ;

  8. Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

    Pub. L. 115–126 § 102(2) · 132 Stat. 318

    1. Substituted · 18 U.S.C. § 2255(b)

      Pub. L. 115–126, § 102(2), substituted “filed—” for “filed within 10 years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.”

    2. Added · 18 U.S.C. § 2255(b)

      Pub. L. 115–126, § 102(2), added pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–126, § 102(2), substituted “filed—” for “filed within 10 years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.” and added pars. (1) and (2).

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “filed within” and all that follows through the end and inserting the following: “filed— “(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of— “(A) the violation that forms the basis for the claim; or “(B) the injury that forms the basis for the claim; or “(2) not later than 10 years after the date on which the victim reaches 18 years of age.” ; and

  9. Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

    Pub. L. 115–126 § 102(3) · 132 Stat. 318

    Added · 18 U.S.C. § 2255(c)

    Pub. L. 115–126, § 102(3), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–126, § 102(3), added subsec. (c).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(c) Venue; Service of Process.— “(1) Venue.— Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28. “(2) Service of process.— In an action brought under subsection (a), process may be served in any district in which the defendant— “(A) is an inhabitant; or “(B) may be found.” .

  10. Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022

    Pub. L. 117–176 § 2 · 136 Stat. 2108

    1. Added · 18 U.S.C. § 2255(b)

      Pub. L. 117–176 added subsec. (b)

    2. Struck · 18 U.S.C. § 2255(b)

      Pub. L. 117–176 struck out former subsec. (b). Prior to amendment, text read as follows: “Any action commenced under this section shall be barred unless the complaint is filed—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–176 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Any action commenced under this section shall be barred unless the complaint is filed—

    “(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of— “(A) the violation that forms the basis for the claim; or “(B) the injury that forms the basis for the claim; or “(2) not later than 10 years after the date on which the victim reaches 18 years of age.”

    Enacted provision · exact public law section
    SEC. 2. ELIMINATION OF THE STATUTE OF LIMITATIONS.   Section 2255 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: “(b) Statute of Limitations.— There shall be no time limit for the filing of a complaint commencing an action under this section.” .

    Effective date note
    Pub. L. 117–176, § 3, Sept. 16, 2022, 136 Stat. 2108, provided that: “This Act [see Short Title of 2022 Amendment note set out under section 1 of this title] and the amendments made by this Act shall—

17 of 18 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Prior Provisions

A prior section 2255 was renumbered section 2256 of this title.

Amendments1998–2022 · 5 rounds

2022

Subsec. (b). Pub. L. 117–176 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Any action commenced under this section shall be barred unless the complaint is filed—

“(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of—

“(A) the violation that forms the basis for the claim; or

“(B) the injury that forms the basis for the claim; or

“(2) not later than 10 years after the date on which the victim reaches 18 years of age.”

2018

Subsec. (a). Pub. L. 115–126, § 102(1), added subsec. (a) and struck out former subsec. (a) which related to civil remedy for personal injuries in general.

Subsec. (b). Pub. L. 115–126, § 102(2), substituted “filed—” for “filed within 10 years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.” and added pars. (1) and (2).

Subsec. (c). Pub. L. 115–126, § 102(3), added subsec. (c).

2013

Subsec. (a). Pub. L. 113–4, § 1212(a)(1), substituted “section 1589, 1590, 1591, 2241(c)” for “section 2241(c)”.

Subsec. (b). Pub. L. 113–4, § 1212(a)(2), substituted “10 years” for “six years”.

2006

Subsec. (a). Pub. L. 109–248, § 707(b), inserted heading, inserted “, regardless of whether the injury occurred while such person was a minor,” after “such violation”, and substituted “Any person who, while a minor, was” for “Any minor who is”, “such person” for “such minor”, “Any person as described” for “Any minor as described”, and “$150,000” for “$50,000”.

Subsec. (b). Pub. L. 109–248, § 707(c), inserted heading.

1998

Subsec. (a). Pub. L. 105–314 substituted “2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423” for “2251 or 2252”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–176, § 3, , 136 Stat. 2108, provided that:

“This Act [see Short Title of 2022 Amendment note set out under section 1 of this title] and the amendments made by this Act shall—

“(1)

take effect on the date of enactment of this Act []; and

“(2)

apply to—

“(A)

any claim or action that, as of the date described in paragraph (1), would not have been barred under section 2255(b) of title 18, United States Code, as it read on the day before the date of enactment of this Act; and

“(B)

any claim or action arising after the date of enactment of this Act.”

Credits

1986–2022 · 6 acts
  1. 1986Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)], , 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], , 100 Stat. 3341–39, 3341–74
  2. 1998amended Pub. L. 105–314, title VI, § 605, , 112 Stat. 2984
  3. 2006Pub. L. 109–248, title VII, § 707(b), (c), , 120 Stat. 650
  4. 2013Pub. L. 113–4, title XII, § 1212(a), , 127 Stat. 143
  5. 2018Pub. L. 115–126, title I, § 102, , 132 Stat. 319
  6. 2022Pub. L. 117–176, § 2, , 136 Stat. 2108.
Show as published

(Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)], , 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], , 100 Stat. 3341–39, 3341–74; amended Pub. L. 105–314, title VI, § 605, , 112 Stat. 2984; Pub. L. 109–248, title VII, § 707(b), (c), , 120 Stat. 650; Pub. L. 113–4, title XII, § 1212(a), , 127 Stat. 143; Pub. L. 115–126, title I, § 102, , 132 Stat. 319; Pub. L. 117–176, § 2, , 136 Stat. 2108.)

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USLM identifier /us/usc/t18/s2255