537.523. Institutional vandalism, civil actions for damages or injunction--attorney fees and costs.

Institutional vandalism, civil actions for damages orinjunction--attorney fees and costs.

537.523. 1. Irrespective of any criminal prosecution or the resultthereof, any person incurring bodily injury or damage or loss to his propertyas 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 otherappropriate relief in law or in equity against any and all persons who haveviolated 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 proofused 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*Formerly included ethnic intimidation as a result of conduct in violation of sections 574.090 and 574.093 which were repealed by S.B. 328, 1999.