IC 34-24-3
Chapter 3. Treble Damages Allowed in Certain Civil Actions by
Crime Victims
IC 34-24-3-1 Offenses against property; recovery of damages, costs, and
attorney's fee
Sec. 1. If a person suffers a pecuniary loss as a result of a
violation of IC 35-43, IC 35-42-3-3, IC 35-42-3-4, or IC 35-45-9, the
person may bring a civil action against the person who caused the
loss for the following:
(1) An amount not to exceed three (3) times the actual damages
of 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 reimbursed
under subdivisions (1) through (3) and are incurred by the
person suffering loss to:
(A) have the person suffering loss or an employee or agent
of that person file papers and attend court proceedings
related to the recovery of a judgment under this chapter; or
(B) provide witnesses to testify in court proceedings related
to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person suffering
loss for time used to:
(A) file papers and attend court proceedings related to the
recovery 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 person
suffering loss to compensate employees and agents for time
used to:
(A) file papers and attend court proceedings related to the
recovery 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 unauthorized
adoption facilitation; recovery of damages or amounts paid, costs,
and attorney's fees
Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary
loss as a result of a violation of IC 35-46-1-9.5, the prospective
adoptive parent may bring a civil action against a person who
benefits from adoption related expenses in violation of
IC 35-46-1-9.5, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-9.5. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) Actual damages caused by the violation if the prospective
adoptive parent has not been awarded damages under
IC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount of
actual damages of the prospective adoptive parent suffering the
loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action against
a person who commits unauthorized adoption facilitation under
IC 35-46-1-22, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-22. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) An amount not to exceed three (3) times the amount that the
prospective adoptive parent paid for the adoption services
provided to the prospective adoptive parent in the commission
of 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 or
indemnification prohibited
Sec. 2. (a) For purposes of determining the amount of damages
recoverable under section 1(1) of this chapter, there is an irrebuttable
presumption that a retailer who brings a civil action under this
chapter (or IC 34-4-30 before its repeal) as the result of a violation
of IC 35-43-4-2 (theft) or IC 35-43-4-3 (conversion) suffers a
pecuniary 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 one
hundred 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 or
IC 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 that
the defendant is subject to criminal prosecution for the act or
omission that gave rise to the civil action. However, a person may
not 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 unless
intentional
Sec. 4. This chapter does not apply to a person who suffers
pecuniary damages as a result of the operation of a vehicle in
violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was
intentionally inflicted. As added by P.L.1-1998, SEC.19.
IC 34-24-3
Chapter 3. Treble Damages Allowed in Certain Civil Actions by
Crime Victims
IC 34-24-3-1 Offenses against property; recovery of damages, costs, and
attorney's fee
Sec. 1. If a person suffers a pecuniary loss as a result of a
violation of IC 35-43, IC 35-42-3-3, IC 35-42-3-4, or IC 35-45-9, the
person may bring a civil action against the person who caused the
loss for the following:
(1) An amount not to exceed three (3) times the actual damages
of 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 reimbursed
under subdivisions (1) through (3) and are incurred by the
person suffering loss to:
(A) have the person suffering loss or an employee or agent
of that person file papers and attend court proceedings
related to the recovery of a judgment under this chapter; or
(B) provide witnesses to testify in court proceedings related
to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person suffering
loss for time used to:
(A) file papers and attend court proceedings related to the
recovery 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 person
suffering loss to compensate employees and agents for time
used to:
(A) file papers and attend court proceedings related to the
recovery 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 unauthorized
adoption facilitation; recovery of damages or amounts paid, costs,
and attorney's fees
Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary
loss as a result of a violation of IC 35-46-1-9.5, the prospective
adoptive parent may bring a civil action against a person who
benefits from adoption related expenses in violation of
IC 35-46-1-9.5, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-9.5. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) Actual damages caused by the violation if the prospective
adoptive parent has not been awarded damages under
IC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount of
actual damages of the prospective adoptive parent suffering the
loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action against
a person who commits unauthorized adoption facilitation under
IC 35-46-1-22, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-22. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) An amount not to exceed three (3) times the amount that the
prospective adoptive parent paid for the adoption services
provided to the prospective adoptive parent in the commission
of 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 or
indemnification prohibited
Sec. 2. (a) For purposes of determining the amount of damages
recoverable under section 1(1) of this chapter, there is an irrebuttable
presumption that a retailer who brings a civil action under this
chapter (or IC 34-4-30 before its repeal) as the result of a violation
of IC 35-43-4-2 (theft) or IC 35-43-4-3 (conversion) suffers a
pecuniary 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 one
hundred 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 or
IC 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 that
the defendant is subject to criminal prosecution for the act or
omission that gave rise to the civil action. However, a person may
not 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 unless
intentional
Sec. 4. This chapter does not apply to a person who suffers
pecuniary damages as a result of the operation of a vehicle in
violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was
intentionally inflicted. As added by P.L.1-1998, SEC.19.
IC 34-24-3
Chapter 3. Treble Damages Allowed in Certain Civil Actions by
Crime Victims
IC 34-24-3-1 Offenses against property; recovery of damages, costs, and
attorney's fee
Sec. 1. If a person suffers a pecuniary loss as a result of a
violation of IC 35-43, IC 35-42-3-3, IC 35-42-3-4, or IC 35-45-9, the
person may bring a civil action against the person who caused the
loss for the following:
(1) An amount not to exceed three (3) times the actual damages
of 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 reimbursed
under subdivisions (1) through (3) and are incurred by the
person suffering loss to:
(A) have the person suffering loss or an employee or agent
of that person file papers and attend court proceedings
related to the recovery of a judgment under this chapter; or
(B) provide witnesses to testify in court proceedings related
to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person suffering
loss for time used to:
(A) file papers and attend court proceedings related to the
recovery 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 person
suffering loss to compensate employees and agents for time
used to:
(A) file papers and attend court proceedings related to the
recovery 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 unauthorized
adoption facilitation; recovery of damages or amounts paid, costs,
and attorney's fees
Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary
loss as a result of a violation of IC 35-46-1-9.5, the prospective
adoptive parent may bring a civil action against a person who
benefits from adoption related expenses in violation of
IC 35-46-1-9.5, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-9.5. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) Actual damages caused by the violation if the prospective
adoptive parent has not been awarded damages under
IC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount of
actual damages of the prospective adoptive parent suffering the
loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action against
a person who commits unauthorized adoption facilitation under
IC 35-46-1-22, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-22. In an action under this
subsection, a prospective adoptive parent may seek an award of the
following:
(1) An amount not to exceed three (3) times the amount that the
prospective adoptive parent paid for the adoption services
provided to the prospective adoptive parent in the commission
of 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 or
indemnification prohibited
Sec. 2. (a) For purposes of determining the amount of damages
recoverable under section 1(1) of this chapter, there is an irrebuttable
presumption that a retailer who brings a civil action under this
chapter (or IC 34-4-30 before its repeal) as the result of a violation
of IC 35-43-4-2 (theft) or IC 35-43-4-3 (conversion) suffers a
pecuniary 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 one
hundred 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 or
IC 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 that
the defendant is subject to criminal prosecution for the act or
omission that gave rise to the civil action. However, a person may
not 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 unless
intentional
Sec. 4. This chapter does not apply to a person who suffers
pecuniary damages as a result of the operation of a vehicle in
violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was
intentionally inflicted. As added by P.L.1-1998, SEC.19.
