TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 17

TORT ACTIONS IN CHILD ABUSE CASES

6-1701.  Tort actions in child abuse cases. (1) An action may be brought by or on behalf of any child against any person who has:

(a)  Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a child under the age of sixteen (16) years as defined in section 18-1508, Idaho Code; or

(b)  Sexually abused any child as defined in section 18-1506, Idaho Code; or

(c)  Sexually exploited any child for a commercial purpose as defined in section 18-1507, Idaho Code; or

(d)  Injured a child as defined in section 18-1501, Idaho Code.

(2)  If an act prohibited under subsection (1) of this section involves employment-related circumstances as provided under section 6-1607(2), Idaho Code, then an action may be brought under the common law by, or on behalf of, any child against the employer of the person who committed the act, subject to the requirements of section 6-1607, Idaho Code.

(3)  The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to chapter 15, title 18, Idaho Code. A civil action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.

History:

[6-1701, added 1989, ch. 47, sec. 1, p. 60; am. 2007, ch. 125, sec. 1, p. 375.]