2307.70.
Civil action for damages for vandalism, desecration or ethnic intimidation
| (A) |
Any person
who suffers injury or loss to person or property as a result of an act
committed in violation of section
2909.05,
2927.11, or
2927.12 of the Revised Code has a
civil action against the offender and may recover in that action full
compensatory damages, including, but not limited to, damages for emotional
distress, and may recover punitive or exemplary damages, court costs, other
reasonable expenses incurred in maintaining that action, and the reasonable
attorney's fees incurred in maintaining that action. |
| (B) |
| (1) |
Any person
who suffers injury or loss to person or property as a result of an act
committed in violation of section
2909.05,
2927.11, or
2927.12 of the Revised Code by a
minor child has a civil action against the parent of the minor child and may
recover in that action compensatory damages not to exceed fifteen thousand
dollars, court costs, other reasonable expenses incurred in maintaining that
action, and reasonable attorney's fees incurred in maintaining that action. A
parent and the parent's minor child are jointly and severally liable as
specified in this division for the injury or loss to person or property caused
by the minor child's act committed in violation of section
2909.05,
2927.11, or
2927.12 of the Revised Code. If a
person recovers compensatory damages from a parent of a minor child pursuant to
this division, that recovery does not preclude the person from maintaining a
civil action against the minor child pursuant to division (A) of this section.
|
| (2) |
As used in division (B) of
this section:
| (a) |
"Minor child" means a
person who is under eighteen years of age and who is not married at the time of
the commission of an act in violation of section
2909.05,
2927.11, or
2927.12 of the Revised Code that
gives rise to a civil action under division (B) of this section. |
| (b) |
"Parent" has the same meaning as in
section 3109.09 of the Revised Code.
|
|
|
| (C) |
The
monetary limitation upon compensatory damages set forth in section
3109.09 or
3109.10 of the Revised Code does
not apply to a civil action brought pursuant to division (A) or (B) of this
section. |
| (D) |
A civil action may
be maintained under division (A) or (B) of this section whether or not the
person who committed an act in violation of section
2909.05,
2927.11, or
2927.12 of the Revised Code has
been charged by an indictment, information, or complaint with a violation of
any of those sections, has been convicted of or pleaded guilty to a violation
of any of those sections, has been charged by a complaint with being a
delinquent child for committing an act that is a violation of any of those
sections, or has been adjudicated a delinquent child for having committed an
act of that nature. |
| (E) |
No record
of conviction, unless obtained by confession in open court, or delinquent child
adjudication shall be used as evidence in a civil action brought pursuant to
division (A) or (B) of this section. |
Cite as (Casemaker) R.C.
§ 2307.70
History. Effective Date:
09-20-1999 .