Current through 2024 Regular Session legislation effective June 6, 2024
Section 30.867 - Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees(1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.(2) Upon prevailing in an action under this section, the plaintiff may recover: (a) Both special and general damages, including damages for emotional distress; and(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.(4) An action under this section must be commenced within 10 years after the following, whichever occurs later: (a) The date on which the conduct giving rise to the claim ceases; or(b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age.Amended by 2023 Ch. 217,§ 7, eff. 1/1/2024.