Utah § 76-5-704 Civil cause of action.

Utah Statutes

§ 76-5-704 — Civil cause of action.

Utah·Title 76 Utah Criminal Code·Ch. 76-5 Offenses Against the Individual·Part 76-5-7 Genital Mutilation

(1)An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of:

(1)(a) the procedure being performed; or

(1)(b) the victim's 18th birthday.

(2)The court may award actual, compensatory, and punitive damages, and any other appropriate relief.

(3)A prevailing plaintiff shall be awarded attorney fees and costs.

(4)Treble damages may be awarded if the plaintiff proves the defendant's acts were willful and malicious.

(5)If a health care provider is charged and prosecuted for a violation of Section 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under this section.

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(1) An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of:

(1)(a) the procedure being performed; or
(1)(b) the victim's 18th birthday.
(2) The court may award actual, compensatory, and punitive damages, and any other appropriate relief.
(3) A prevailing plaintiff shall be awarded attorney fees and costs.
(4) Treble damages may be awarded if the plaintiff proves the defendant's acts were willful and malicious.
(5) If a health care provider is charged and prosecuted for a violation of Section 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under this section.

Utah § 76-5-704 (Civil cause of action.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.