CHAPTER 3. TREBLE DAMAGES ALLOWED IN CERTAIN CIVIL ACTIONS BY CRIME VICTIMS
IC 34-24-3
Chapter 3. Treble Damages Allowed in Certain Civil Actions byCrime Victims
IC 34-24-3-1
Offenses against property; recovery of damages, costs, andattorney's fee
Sec. 1. If a person suffers a pecuniary loss as a result of aviolation of IC 35-43, IC 35-42-3-3, IC 35-42-3-4, or IC 35-45-9, theperson may bring a civil action against the person who caused theloss for the following:
(1) An amount not to exceed three (3) times the actual damagesof the person suffering the loss.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(4) Actual travel expenses that are not otherwise reimbursedunder subdivisions (1) through (3) and are incurred by theperson suffering loss to:
(A) have the person suffering loss or an employee or agentof that person file papers and attend court proceedingsrelated to the recovery of a judgment under this chapter; or
(B) provide witnesses to testify in court proceedings relatedto the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person sufferingloss for time used to:
(A) file papers and attend court proceedings related to therecovery of a judgment under this chapter; or
(B) travel to and from activities described in clause (A).
(6) Actual direct and indirect expenses incurred by the personsuffering loss to compensate employees and agents for timeused to:
(A) file papers and attend court proceedings related to therecovery of a judgment under this chapter; or
(B) travel to and from activities described in clause (A).
(7) All other reasonable costs of collection.
As added by P.L.1-1998, SEC.19.
IC 34-24-3-1.5
Offenses concerning adoption deception and unauthorizedadoption facilitation; recovery of damages or amounts paid, costs,and attorney's fees
Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniaryloss as a result of a violation of IC 35-46-1-9.5, the prospectiveadoptive parent may bring a civil action against a person whobenefits from adoption related expenses in violation ofIC 35-46-1-9.5, even if the person has not been prosecuted orconvicted of the offense under IC 35-46-1-9.5. In an action under thissubsection, a prospective adoptive parent may seek an award of thefollowing:
(1) Actual damages caused by the violation if the prospective
adoptive parent has not been awarded damages underIC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount ofactual damages of the prospective adoptive parent suffering theloss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action againsta person who commits unauthorized adoption facilitation underIC 35-46-1-22, even if the person has not been prosecuted orconvicted of the offense under IC 35-46-1-22. In an action under thissubsection, a prospective adoptive parent may seek an award of thefollowing:
(1) An amount not to exceed three (3) times the amount that theprospective adoptive parent paid for the adoption servicesprovided to the prospective adoptive parent in the commissionof unauthorized adoption facilitation under IC 35-46-1-22.
(2) The costs of the action.
(3) A reasonable attorney's fee.
As added by P.L.146-2007, SEC.16.
IC 34-24-3-2
Irrebuttable presumption of retailer's pecuniary loss; insurance orindemnification prohibited
Sec. 2. (a) For purposes of determining the amount of damagesrecoverable under section 1(1) of this chapter, there is an irrebuttablepresumption that a retailer who brings a civil action under thischapter (or IC 34-4-30 before its repeal) as the result of a violationof IC 35-43-4-2 (theft) or IC 35-43-4-3 (conversion) suffers apecuniary loss in the amount of:
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(B) the actual retail value of the property is less than onehundred dollars ($100); or
(2) the retailer's actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter(or IC 34-4-30 before its repeal) for violating IC 35-43-4-2 orIC 35-43-4-3 may not be indemnified or insured for any penalties,damages, or settlement arising from the violation.
As added by P.L.1-1998, SEC.19.
IC 34-24-3-3
Action for punitive damages
Sec. 3. It is not a defense to an action for punitive damages thatthe defendant is subject to criminal prosecution for the act oromission that gave rise to the civil action. However, a person maynot recover both:
(1) punitive damages; and
(2) the amounts provided for under section 1 or 1.5 of this
chapter.
As added by P.L.1-1998, SEC.19. Amended by P.L.146-2007,SEC.17.
IC 34-24-3-4
Damages inflicted by operation of motor vehicle excepted unlessintentional
Sec. 4. This chapter does not apply to a person who sufferspecuniary damages as a result of the operation of a vehicle inviolation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage wasintentionally inflicted.
As added by P.L.1-1998, SEC.19.