- 1. Irrespective of any criminal prosecution or the result thereof, any person incurring bodily injury or damage or loss to his property as a result of conduct in violation of section 574.085, 574.090* or 574.093* shall have a civil action to secure an injunction, damages or other appropriate relief in law or in equity against any and all persons who have violated section 574.085, 574.090* or 574.093*.
- 2. In any such action, whether a violation of section 574.085, 574.090* or 574.093* has occurred shall be determined according to the burden of proof used in other civil actions for similar relief.
3. Upon prevailing in such civil action, the plaintiff may recover:
- (1) Both special and general damages; and
- (2) Reasonable attorney fees and costs.
(L. 1988 S.B. 678 § 4)
*Formerly included ethnic intimidation as a result of conduct in violation of sections 574.090 and 574.093 which were repealed by S.B. 328, 1999.