(a) As used in this section:(1) “Compensation” means a salary, fee, payment, reimbursement, or other valuable consideration, or combination thereof, whether received or to be received;(2) “Demonstration” means a public gathering of one (1) or more demonstrators protesting against something or expressing views on a political issue; and(3) “Demonstrator” means a person who takes part in-person in a demonstration.
(1) “Compensation” means a salary, fee, payment, reimbursement, or other valuable consideration, or combination thereof, whether received or to be received;
(2) “Demonstration” means a public gathering of one (1) or more demonstrators protesting against something or expressing views on a political issue; and
(3) “Demonstrator” means a person who takes part in-person in a demonstration.
(b) Notwithstanding a law to the contrary, a person who provides compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration may be vicariously liable for damages caused by the demonstrator if the demonstrator's conduct, while participating in the demonstration for which the person compensated the demonstrator to participate, satisfies the elements of one (1) or more of the following offenses:(1) Riot under § 39-17-302;(2) Aggravated riot under § 39-17-303;(3) Disorderly conduct under § 39-17-305;(4) Disrupting a meeting, procession, or gathering under § 39-17-306;(5) Obstructing a highway or passageway, or disobeying a reasonable request or order to move under § 39-17-307;(6) Harassment under § 39-17-308;(7) Civil rights intimidation under § 39-17-309;(8) Desecration of a venerated object under § 39-17-311;(9) Civil disorder under § 39-17-314;(10) Disorderly conduct at funerals under § 39-17-317; or(11) Unauthorized placement of signs or markings under § 39-17-319.
(1) Riot under § 39-17-302;
(2) Aggravated riot under § 39-17-303;
(3) Disorderly conduct under § 39-17-305;
(4) Disrupting a meeting, procession, or gathering under § 39-17-306;
(5) Obstructing a highway or passageway, or disobeying a reasonable request or order to move under § 39-17-307;
(6) Harassment under § 39-17-308;
(7) Civil rights intimidation under § 39-17-309;
(8) Desecration of a venerated object under § 39-17-311;
(9) Civil disorder under § 39-17-314;
(10) Disorderly conduct at funerals under § 39-17-317; or
(11) Unauthorized placement of signs or markings under § 39-17-319.
(c) In order to establish liability under this section, a plaintiff:(1) Must prove by a preponderance of the evidence that:(A) A defendant provided any compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration and that the demonstrator's conduct satisfies the elements of one (1) of the offenses listed in subdivisions (b)(1)-(11); and(B) The plaintiff suffered an ascertainable loss resulting from the demonstrator's conduct; and(2) Is not required to produce evidence of a criminal conviction against the demonstrator who received compensation from the defendant.
(1) Must prove by a preponderance of the evidence that:(A) A defendant provided any compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration and that the demonstrator's conduct satisfies the elements of one (1) of the offenses listed in subdivisions (b)(1)-(11); and(B) The plaintiff suffered an ascertainable loss resulting from the demonstrator's conduct; and
(A) A defendant provided any compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration and that the demonstrator's conduct satisfies the elements of one (1) of the offenses listed in subdivisions (b)(1)-(11); and
(B) The plaintiff suffered an ascertainable loss resulting from the demonstrator's conduct; and
(2) Is not required to produce evidence of a criminal conviction against the demonstrator who received compensation from the defendant.