Current through the 2024 Fourth Special Session
Section 76-5-704 - Civil cause of action(1) An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of:(a) the procedure being performed; or(b) the victim's 18th birthday.(2) The court may award actual, compensatory, and punitive damages, and any other appropriate relief.(3) A prevailing plaintiff shall be awarded attorney fees and costs.(4) Treble damages may be awarded if the plaintiff proves the defendant's acts were willful and malicious.(5) If a health care provider is charged and prosecuted for a violation of Section 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under this section.Amended by Chapter 181, 2022 General Session ,§ 100, eff. 5/4/2022.Added by Chapter 398, 2019 General Session ,§ 4, eff. 5/14/2019.