1. (a) On a motion under § 6003 of this title, the court shall award court costs, reasonable attorneys’ fees, and reasonable litigation expenses related to the motion:

   1. (1) To the moving party if the moving party prevails on the motion; or
   2. (2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

2. (b) On a motion under § 6003 of this title, the court shall award punitive damages to the moving party if:

   1. (1) The moving party prevails on the motion; and
   2. (2) The court finds that the moving party has demonstrated that the responding party’s cause of action was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the moving party’s free exercise of speech, petition, or association rights.

85 Del. Laws, c. 217, § 1