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§ 10-309. Civil remedy

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 3. Hate Crimes
Effective: October 1, 2023
MD Code, Criminal Law, § 10-309
§ 10-309. Civil remedy
Civil action
(a) A person who is the victim of an act that would constitute a violation of this subtitle may bring a civil action against the person or persons who committed the act in a court of competent jurisdiction.
Powers of court
(b) The court may:
(1) issue an injunction to prevent or restrain an act that would constitute a violation of this subtitle; and
(2) award damages in accordance with subsection (c) of this section.
Damages
(c)(1) Damages awarded by a court under this section may include:
(i) economic damages and any other pecuniary loss sustained by the plaintiff that was proximately caused by the violation of this subtitle; and
(ii) noneconomic damages, including:
1. pain and suffering;
2. subject to paragraph (3) of this subsection, emotional distress;
3. subject to paragraph (3) of this subsection, mental anguish;
4. loss of enjoyment;
5. loss of companionship, services, and consortium; and
6. other nonpecuniary loss sustained by the plaintiff that was proximately caused by the act that would constitute a violation of this subtitle.
(2) The court may also award reasonable attorney's fees and court costs to a prevailing plaintiff.
(3) Noneconomic damages under paragraph (1)(ii)2 and 3 of this subsection may not include emotional distress or mental anguish caused solely by the need to replace or repair personal or real property.
Multiplier
(d) Damages awarded by a court under subsection (c)(1) of this section may be equal to three times the amount of actual damages.
Other rights and remedies
(e) This section does not affect any legal or equitable right or remedy otherwise provided by law.

Credits

Added by Acts 2023, c. 744, § 1, eff. Oct. 1, 2023; Acts 2023, c. 745, § 1, eff. Oct. 1, 2023.
MD Code, Criminal Law, § 10-309, MD CRIM LAW § 10-309
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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