Ohio Code 2307.67 – Civil action – critical infrastructure facility
(A) As used in this section:
Terms Used In Ohio Code 2307.67
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Child: includes child by adoption. See Ohio Code 1.59
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Ohio Code 1.59
(1) “Compensation” means money, thing of value, or financial benefit. “Compensation” does not include bail, fines, or court costs.
(2) “Critical infrastructure facility” has the same meaning as in section 2911.21 of the Revised Code.
(3) “Organization” has the same meaning as in section 2901.23 of the Revised Code.
(B) An owner or operator of a critical infrastructure facility may elect to commence a civil action under division (A) of section 2307.60 or section 2307.61 of the Revised Code or under this section against any person who willfully causes damage to the critical infrastructure facility. The plaintiff may recover compensatory damages equal to the replacement value of the property that was damaged. The plaintiff also may recover reasonable attorney’s fees, court costs, and other reasonable expenses incurred in maintaining the civil action under this section.
(C) A person or organization may only be held vicariously liable for a judgment the plaintiff obtains against the person who damaged the critical infrastructure facility if the person or organization did either of the following:
(1) Directed, authorized, facilitated, or encouraged the person to cause damage to the critical infrastructure facility;
(2) Provided compensation to the person for damaging the critical infrastructure facility.
(D) In a civil action to recover damages under this section, the trier of fact may determine that the defendant willfully caused damage to the critical infrastructure facility, regardless of whether the defendant has been charged with any related criminal offense, has pleaded guilty to or been convicted of a criminal offense, or has been adjudicated a delinquent child in connection with the property damage.
(E) This section does not affect any criminal prosecution or any action to obtain a delinquent child adjudication in connection with the property damage.