Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-127-102 - Civil liability for stalking(a) A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety.(b) The definitions at § 5-71-229(f) apply to this chapter.(c) A cause of action under subsection (a) of this section may be maintained whether or not the person who is alleged to have engaged in a course of conduct prohibited under § 5-71-229 has been charged or convicted under § 5-71-229.(d) The existence or the termination of a cause of action under subsection (a) of this section does not prevent the criminal prosecution of a person for violation of § 5-71-229.(e) A person shall commence a cause of action under subsection (a) of this section against another person one (1) year or less after the most recent conduct prohibited under § 5-71-229 by the other person toward the aggrieved party.Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.