Kentucky Statutes 411.025 – Action against terrorist for injury to person or property — Damages
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(1) As used in this section:
(a) “Act of terror” means an activity that:
1. Involves violent acts or acts dangerous to human life that violate federal or state law;
2. Appears to be intended to:
a. Intimidate or coerce a civilian population;
b. Influence the policy of a government by intimidation or coercion;
or
c. Affect the conduct of a government by mass destruction, assassination, or kidnapping; and
3. Occurs primarily within the Commonwealth; and
(b) “Terrorist” means a person who commits an act of terror, including a person who acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror or who lends material support to an act of terror.
(2) Any person whose property or person is injured by a terrorist may file a claim for and recover damages from the terrorist.
(3) Any person who files an action under this section is entitled to recover three (3) times the actual damages sustained or fifty thousand dollars ($50,000), whichever is greater, as well as court costs and attorney‘s fees in the trial and appellate courts if the person prevails in the claim.
(4) A civil action brought under this section is remedial and does not limit any other civil or criminal action provided by law. Civil remedies provided under this section are supplemental and not exclusive.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 111, sec. 1, effective July 14, 2018.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 111, sec. 3 provided that this statute as created in Section 1 of that Act shall be known and may be cited as Andy’s Law.
(a) “Act of terror” means an activity that:
Terms Used In Kentucky Statutes 411.025
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
1. Involves violent acts or acts dangerous to human life that violate federal or state law;
2. Appears to be intended to:
a. Intimidate or coerce a civilian population;
b. Influence the policy of a government by intimidation or coercion;
or
c. Affect the conduct of a government by mass destruction, assassination, or kidnapping; and
3. Occurs primarily within the Commonwealth; and
(b) “Terrorist” means a person who commits an act of terror, including a person who acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror or who lends material support to an act of terror.
(2) Any person whose property or person is injured by a terrorist may file a claim for and recover damages from the terrorist.
(3) Any person who files an action under this section is entitled to recover three (3) times the actual damages sustained or fifty thousand dollars ($50,000), whichever is greater, as well as court costs and attorney‘s fees in the trial and appellate courts if the person prevails in the claim.
(4) A civil action brought under this section is remedial and does not limit any other civil or criminal action provided by law. Civil remedies provided under this section are supplemental and not exclusive.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 111, sec. 1, effective July 14, 2018.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 111, sec. 3 provided that this statute as created in Section 1 of that Act shall be known and may be cited as Andy’s Law.