42-U.S.C.-5791D

42-U.S.C.-5791D

§5791D – Limitation On Liability

Pathway

Title 42 > Chapter 72 > Subchapter VI > Part A > Section 5791d

Details

  • Reference: Section 5791d
  • Legend: §5791D – Limitation On Liability
  • USCode Year: 2011

Provision Content

(a) Except as provided in subsection (b) of this section, the National Center for Missing and Exploited Children, including any of its officers, employees, or agents, shall not be liable for damages in any civil action for defamation, libel, slander, or harm to reputation arising out of any action or communication by the National Center for Missing and Exploited Children, its officers, employees, or agents, in connection with any clearinghouse, hotline or complaint intake or forwarding program or in connection with activity that is wholly or partially funded by the United States and undertaken in cooperation with, or at the direction of a Federal law enforcement agency.

(b) The limitation in subsection (a) of this section does not apply in any action in which the plaintiff proves that the National Center for Missing and Exploited Children, its officers, employees, or agents acted with actual malice, or provided information or took action for a purpose unrelated to an activity mandated by Federal law. For purposes of this subsection, the prevention, or detection of crime, and the safety, recovery, or protection of missing or exploited children shall be deemed, per se, to be an activity mandated by Federal law.

(Pub. L. 108–21, title III, §305, Apr. 30, 2003, 117 Stat. 664.)

Codification

Section was enacted as part of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, also known as the PROTECT Act, and not as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-5783 in the Legal Encyclopedia: Justice System

In this entry about 42-U.S.C.-5783, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.

42-U.S.C.-5779 in the Legal Encyclopedia: Juvenile Justice

In this entry about 42-U.S.C.-5779, find legal reference material, bibliographies and premiere content related to juvenile justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States juvenile justice-specific issues, written by authorities in the field.

42-U.S.C.-5791C in the Legal Encyclopedia: Juvenile Delinquency

In this entry about 42-U.S.C.-5791C, find legal reference material, bibliographies and premiere content related to juvenile delinquency in the American Encyclopedia of Law, presenting a comprehensive view of the United States juvenile delinquency-specific issues, written by authorities in the field.

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