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. 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.
1996 c 468 s 1
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 611A — Crime Victims: Rights, Programs, Agencies
Section 611A.01 — Definitions.
Section 611A.015 — Scope Of Victims' Rights.
Section 611A.02 — Notification Of Victim Services And Victims' Rights.
Section 611A.021 — Notice Of Right To Request Withholding Of Certain Public Data.
Section 611A.03 — Plea Agreements; Notification.
Section 611A.0301 — Right To Submit Statement At Plea Presentation Hearing.
Section 611A.031 — Victim Input Regarding Pretrial Diversion.
Section 611A.0311 — Domestic Abuse Prosecutions Plan And Procedures.
Section 611A.033 — Speedy Trial; Notice Of Schedule Change.
Section 611A.034 — Separate Waiting Areas In Courthouse.
Section 611A.035 — Confidentiality Of Victim's Address.
Section 611A.036 — Prohibition Against Employer Retaliation.
Section 611A.037 — Presentence Investigation; Victim Impact; Notice.
Section 611A.038 — Right To Submit Statement At Sentencing.
Section 611A.039 — Right To Notice Of Final Disposition Of Criminal Case.
Section 611A.0392 — Notice To Community Crime Prevention Group.
Section 611A.0393 — Crime Alerts; Violent Crimes; Disabled Access.
Section 611A.0395 — Right To Information Regarding Defendant's Appeal.
Section 611A.04 — Order Of Restitution.
Section 611A.045 — Procedure For Issuing Order Of Restitution.
Section 611A.046 — Victim's Right To Request Probation Review Hearing.
Section 611A.05 — Penalties No Bar To Civil Remedies.
Section 611A.06 — Right To Notice Of Release.
Section 611A.07 — Electronic Monitoring To Protect Domestic Abuse Victims; Standards.
Section 611A.19 — Testing Sex Offender For Human Immunodeficiency Virus.
Section 611A.20 — Notice Of Risk Of Sexually Transmitted Disease.
Section 611A.201 — Director Of Prevention Of Domestic Violence And Sexual Assault.
Section 611A.203 — Domestic Fatality Review Teams.
Section 611A.211 — Programs For Victims Of Sexual Assault.
Section 611A.212 — Programs For Sexual Assault Primary Prevention.
Section 611A.26 — Polygraph Examinations; Criminal Sexual Conduct Complaints; Limitations.
Section 611A.27 — Victim Rights To Sexual Assault Evidence Information.
Section 611A.31 — Definitions.
Section 611A.32 — Battered Women Programs.
Section 611A.33 — Duties Of Commissioner.
Section 611A.345 — Director Recommendations.
Section 611A.35 — Domestic Abuse Program Director.
Section 611A.37 — Definitions.
Section 611A.371 — Program Operation.
Section 611A.372 — Duties Of Director.
Section 611A.45 — Programs For Victims Of Crime.
Section 611A.46 — Classification Of Data.
Section 611A.52 — Definitions.
Section 611A.53 — Reparations Awards Prohibited.
Section 611A.54 — Amount Of Reparations.
Section 611A.55 — Crime Victims Reparations Board.
Section 611A.56 — Powers And Duties Of Board.
Section 611A.57 — Determination Of Claims.
Section 611A.58 — Attorney Fees; Limitation For Representation Before Board.
Section 611A.60 — Reparations; How Paid.
Section 611A.61 — Subrogation.
Section 611A.612 — Crime Victims Account.
Section 611A.62 — Medical Privilege.
Section 611A.63 — Enforcement Of Board's Orders.
Section 611A.64 — Department Of Corrections; Restitution.
Section 611A.65 — Use Of Record Of Claim; Evidence.
Section 611A.66 — Law Enforcement Agencies; Duty To Inform Victims Of Right To File Claim.
Section 611A.67 — Fraudulent Claims; Penalty.
Section 611A.675 — Fund For Emergency Needs Of Crime Victims.
Section 611A.68 — Limiting Commercial Exploitation Of Crimes; Payment Of Victims.
Section 611A.73 — Definitions.
Section 611A.74 — Crime Victims; Rights; Complaints.
Section 611A.76 — Crime Victim Services Telephone Line.
Section 611A.77 — Mediation Programs For Crime Victims And Offenders.
Section 611A.775 — Restorative Justice Programs.
Section 611A.79 — Civil Damages For Bias Offenses.
Section 611A.80 — Definitions.
Section 611A.81 — Cause Of Action For Coercion For Use In Prostitution.
Section 611A.82 — Acts Not Defenses.
Section 611A.84 — Statute Of Limitations.
Section 611A.85 — Other Remedies Preserved.
Section 611A.86 — Double Recovery Prohibited.
Section 611A.87 — Award Of Costs.
Section 611A.88 — No Avoidance Of Liability.
Section 611A.90 — Release Of Videotapes Of Child Abuse Victims.