§ 16-123-106 - Hate offenses. - Arkansas Statutes

16-123-106. Hate offenses.

(a) An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of:

(1) Intimidation or harassment; or

(2) Violence directed against his person; or

(3) Vandalism directed against his real or personal property,

where such acts are motivated by racial, religious, or ethnic animosity.

(b) Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation, and a reasonable attorney's fee in an amount to be fixed by the court.

(c) This section shall not apply to speech or conduct protected by the First Amendment of the United States Constitution or Article 2, 6, of the Arkansas Constitution.