18-8-708. Suit for damages by victim of intimidation or retaliation.
Statute text
(1) The following persons are eligible for relief pursuant to this section:
(a) Any person who testifies as a witness or victim in any official proceeding;
(b) Any person who may be called to testify as a witness to or victim of any crime;
(c) Any person who is a member of the witness' or victim's family;
(d) Any person who is in a close relationship to the witness or victim;
(e) Any person who is residing in the same household with the witness or victim.
(2) Any person who is eligible pursuant to subsection (1) of this section who suffers any physical injury or property damage as the result of the commission of intimidating a witness or victim pursuant to section 18-8-704, aggravated intimidation of a witness or victim pursuant to section 18-8-705, or retaliation against a witness or victim pursuant to section 18-8-706 shall, in a civil proceeding to recover for such injury or property damage, be eligible for the award of treble damages and attorney fees.
(3) Nothing in this section shall limit the amount of recovery which a person specified in subsection (1) of this section may receive in a civil proceeding or in any other proceeding.
History
Source: L. 84: Entire part added, p. 503, 4, effective July 1.
Annotations
Cross references: For awarding of attorney fees in civil actions generally, see 13-17-102.
Annotations
ANNOTATION
Annotations
To be eligible for civil damages pursuant to this section, an individual must be the victim of or a witness to a crime. Grynberg v. Ark. Okla. Gas Corp., 116 P.3d 1260 (Colo. App. 2005).
Although section provides that the amount of recovery a person may receive in a civil or other proceeding is not limited by the recovery set forth in subsection (2), it does not authorize an amount of recovery that exceeds the exemplary damages limitation set forth in 13-21-102. Palmer v. Diaz, 214 P.3d 546 (Colo. App. 2009).