Delaware § 1307 Civil remedies for violations of hate crimes and related offenses

Delaware Statutes

§ 1307 — Civil remedies for violations of hate crimes and related offenses

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against Public Health, Order and Decency

(a)A person incurring injury to self, including emotional distress, or damage or loss to property, as a result of conduct committed in violation of § 1304, § 1305, or § 1306 of this title has a civil cause of action to secure an injunction, damages, or other appropriate relief in law or in equity.

(b)In an action under subsection (a) of this section, whether a violation of § 1304, § 1305, or § 1306 of this title has occurred is to be determined according to the burden of proof used in other civil actions for similar relief.

(c)(1) The Attorney General may initiate a cause of action against a person or group who violates § 1304, § 1305, or § 1306 of this title on behalf of any person or group that has sustained injury to person or property.

(2)For purposes of this subsection, “group”

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A person incurring injury to self, including emotional distress, or damage or loss to property, as a result of conduct committed in violation of § 1304, § 1305, or § 1306 of this title has a civil cause of action to secure an injunction, damages, or other appropriate relief in law or in equity.

(b) In an action under subsection (a) of this section, whether a violation of § 1304, § 1305, or § 1306 of this title has occurred is to be determined according to the burden of proof used in other civil actions for similar relief.

(c) (1) The Attorney General may initiate a cause of action against a person or group who violates § 1304, § 1305, or § 1306 of this title on behalf of any person or group that has sustained injury to person or property.

(2) For purposes of this subsection, “group” means as defined under § 1304(b) of this title,

(d) (1) In an action to enforce this section, the court may award the prevailing party or the Attorney General a reasonable attorneys’ fee. In awarding attorneys’ fees under this subsection, the court may include reasonable expert fees as part of the attorneys’ fee.

(2) On prevailing in an action under subsection (a) of this section, the plaintiff may recover both special and general damages, including damages for emotional distress and punitive damages.

(e) Notwithstanding any other provision of the law to the contrary, a parent or legal guardian of an unemancipated minor is liable for a judgment rendered against the minor under this section if the parent or legal guardian knew of the propensity of the minor to commit a violation of § 1304, § 1305, or § 1306 of this title.

Delaware § 1307 (Civil remedies for violations of hate crimes and related offenses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.