Minnesota Statutes 611A.79 – Civil Damages for Bias Offenses
Subdivision 1.Definition.
For purposes of this section, “bias offense” means conduct that would constitute a crime and was committed because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin.
Subd. 2.Cause of action; damages and fees injunction.
Terms Used In Minnesota Statutes 611A.79
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Terms Used In Minnesota Statutes 611A.79
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A person who is damaged by a bias offense has a civil cause of action against the person who committed the offense. The plaintiff is entitled to recover the greater of:
(1) $500; or
(2) actual general and special damages, including damages for emotional distress.
A plaintiff also may obtain punitive damages as provided in sections 549.191 and 549.20 or an injunction or other appropriate relief.
Subd. 3.Relation to criminal proceeding; burden of proof.
A person may bring an action under this section regardless of the existence or outcome of criminal proceedings involving the bias offense that is the basis for the action. The burden of proof in an action under this section is preponderance of the evidence.
Subd. 4.Parental liability.
Section 540.18 applies to actions under this section, except that:
(1) the parent or guardian is liable for all types of damages awarded under this section in an amount not exceeding $5,000; and
(2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to exercise control over the minor‘s behavior.
Subd. 5.Trial; limitation period.
(a) The right to trial by jury is preserved in an action brought under this section.
(b) An action under this section must be commenced not later than six years after the cause of action arises.
Subd. 6.Other rights preserved.
The remedies under this section do not affect any rights or remedies of the plaintiff under other law.