§ 41.5085 — Civil action; recovery of compensatory damages or statutory damages, punitive damages, costs and attorney’s fees; conviction of crime not required; remedies not exclusive

1. A person may bring a civil action for damages against any person who, without reasonable cause and because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, knowingly causes a peace officer to arrive at a location to contact that other person with the intent to:
(a) Infringe on the constitutional rights of the person under the Nevada Constitution or the United States Constitution;
(b) Cause the person to feel harassed, humiliated or embarrassed;
(c) Cause the person to be expelled from a place where he or she is lawfully located; or
(d) Damage the reputation or economic interests of the person.
2. Upon prevailing in a civil action brought pursuant to this section, the person bringing the civil action may recover:
(a) The greater of:
(1) Compensatory damages, including, without limitation, damages for emotional distress; or
(2) Statutory damages of $1,000 for each act that gives rise to liability pursuant to this section;
(b) Any punitive damages that the facts may warrant; and
(c) Costs and reasonable attorney’s fees incurred in bringing the action.
3. A civil action may be brought against a person pursuant to this section regardless of whether the person has been convicted of any crime based upon the same facts and circumstances giving rise to liability pursuant to this section.
4. The remedy under this section is not exclusive and does not abrogate any other remedy available under the laws of this State.
5. As used in this section, “peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360 , inclusive.

Legislative History

(Added to NRS by 2021, 342 )