2012 US Code
Title 42 - The Public Health and Welfare
Chapter 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION (§§ 5601 - 5792a)
Subchapter VI - PUBLIC OUTREACH (§§ 5791 - 5792a)
Part A - AMBER Alert (§§ 5791 - 5791d)
Section 5791d - Limitation on liability

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SUBCHAPTER VI - PUBLIC OUTREACH
Part A - AMBER Alert
Sec. 5791d - Limitation on liability
Containssection 5791d
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawNo
Dispositionstandard
Source CreditPub. L. 108-21, title III, §305, Apr. 30, 2003, 117 Stat. 664.
Statutes at Large Reference117 Stat. 664
Public Law ReferencePublic Law 108-21

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AMBER Alert - 42 U.S.C. § 5791d (2012)
§5791d. Limitation on liability

(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.

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