U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

18 U.S.C. § 2255

Civil remedy for personal injuries

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(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.(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; amended Pub. L. 105–314, title VI, § 605, Oct. 30, 1998, 112 Stat. 2984; Pub. L. 109–248, title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650; Pub. L. 113–4, title XII, § 1212(a), Mar. 7, 2013, 127 Stat. 143; Pub. L. 115–126, title I, § 102, Feb. 14, 2018, 132 Stat. 319; Pub. L. 117–176, § 2, Sept. 16, 2022, 136 Stat. 2108.)Editorial NotesCodification

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.

Amendments

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 SubsidiariesEffective Date of 2022 Amendment

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—“(1) take effect on the date of enactment of this Act [Sept. 16, 2022]; 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.”

Notes of Decisions
Cited in 680 cases (281 in the last 5 years), 1962–2026 · leading case: Trey Sims v. Kenneth Labowitz
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Trey Sims v. Kenneth Labowitz (2018) ca4 · cites it 10× “2 Sims also brought a claim for damages under 18 U.S.C. § 2255 alleging 1 Sims also named the Assistant Commonwealth’s Attorney for Prince William County, Virginia, Claiborne T.”
Jane Doe v. Alan Hesketh (2016) ca3 · cites it 8× “Procedural History Ten years after Mancuso’s criminal conviction, on August 23, 2013, Doe filed the present civil suit under 18 U.S.C. § 2255 against a purported class of defendants in the United States District Court for the Eastern District of Pennsylvania.”
Sheldon Stephens v. Kevin Clash (2015) ca3 · cites it 8× “Stephens eventually sued in March 2013— approximately nine years after the parties’ relationship began, and seven years after Stephens turned 18 in 2006—bringing claims pursuant to 18 U.S.C. § 2255 (a)1 as well as a sexual battery claim under state law.”
Trey Sims v. Kenneth Labowitz (2017) ca4 · cites it 11× “2 Sims also brought a claim under 18 U.S.C. § 2255 (a) alleging that, as a 1 Sims also named the Assistant Commonwealth’s Attorney for Prince William County, Virginia, Claiborne T.”
Singleton v. Clash (2013) nysd · cites it 10× “(“John Doe”), and Kevin Kiadii, each bring claims against the defendant, Kevin Clash, pursuant to 18 U.S.C. § 2255 (a). All of the plaintiffs allege that when they were minors, the defendant used a facility or means of interstate commerce to persuade' or induce them to engage in…”
United States v. Dost (1986) casd · cites it 4× “The critical issue in this case is whether the pictures depict the minors engaging in sexually explicit conduct as defined in 18 U.S.C. § 2255 : For the purposes of this chapter, the term— (2) “sexually explicit conduct” means actual or simulated— (A) sexual intercourse,…”
Smith v. Husband (2005) vaed · cites it 6× “Defendant argues, however, that fatal flaws in his criminal indictment violate his rights under the Fifth Amendment and the Federal Rules of Criminal Procedure.”
In re: Courtney Wild (2021) ca11 · cites it 3× “” Epstein waived his right to contest liability or damages “up to an [agreed] amount” in a victim’s civil suit, “so long as the identified individual elect[ed] to proceed exclusively under 18 U.S.C. § 2255 , and agree[d] to waive any other claim for damages.”
Doe v. Oshrin (2014) njd · cites it 6× “) Plaintiff asserts that Defendant has been convicted of violations of the Child Protection and Obscenity Act, 18 U.S.C. §§ 2255 (a), 2252A (a)(5) (B), and is presently incarcerated in connection with that conviction.”
Doe v. Boland (In re Boland) (2019) bap6 · cites it 5× “*536 Appellants, Jane Doe and Jane Roe, appeal a determination of the bankruptcy court that a civil judgment for statutory damages awarded pursuant to 18 U.S.C. § 2255 is dischargeable because Appellants failed to meet their burden under 11 U.”
Force v. Facebook, Inc. (2019) ca2 · cites it 2× “See 18 U.S.C. § 2255 . Meanwhile, 47 U.S.C. § 223—which prohibits obscene or harassing phone calls—specifies that civil fines may be levied “pursuant to civil action by,” or “after appropriate administrative proceedings” of, the Federal Communications Commission (“FCC”), and it…”
Teresa Prewett v. Stanely Weems (2014) ca6 · cites it 5× “Invoking 18 U.S.C. § 2255 , he sought $1 million in damages for his injuries.”
Show all 680 citing cases →
— 18 U.S.C. § 2255(a) — 3 cases
Giffing v. Appoquinimink School District (2023) ded
Cara v. Salley (2023) wawd
Jane Doe 9 v. Steven Sloan (2026) ca7
— 18 U.S.C. § 2255(b) — 1 case
Logan Poupore v. Brian Helfert, et al. (2025) miwd
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