2010 Mississippi Code
TITLE 97 - CRIMES
Chapter 44 - Mississippi Streetgang Act.
97-44-5 - Cause of action.
§ 97-44-5. Cause of action.
(1) A civil cause of action is hereby created in favor of any public authority expending money, allocating or reallocating police, firefighting, emergency or other personnel or resources, or otherwise incurring any loss, deprivation or injury, or sustaining any damage, impairment or harm whatsoever, proximately caused by any criminal activity.
(2) The cause of action created by this chapter shall lie against:
(a) Any streetgang in whose name, for whose benefit, on whose behalf or under whose direction the act was committed; and
(b) Any gang officer or director who causes, orders, suggests, authorizes, consents to, agrees to, requests, acquiesces in or ratifies any such act; and
(c) Any gang member who, in the furtherance of or in connection with, any gang-related activity, commits any such act; and
(d) Any gang officer, director, leader or member.
(3) The cause of action authorized by this chapter shall be brought by the Attorney General, the district attorney or attorneys, or the county attorney, or by his or their respective designees. This cause of action shall be in addition to any other civil or criminal proceeding authorized by the laws of this state or by federal law, and shall not be construed as requiring the prosecutor to elect a civil, rather than criminal, remedy, or as replacing any other cause of action. Liability of the gang, its officers, directors, leaders and members shall be joint and several subject only to the apportionment and allocation of punitive damage authorized under Section 97-44-13.
Sources: Laws, 1996, ch. 513, § 3, eff from and after July 1, 1996.
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