§ 125.070.Civil Action for Violation of Injunction

The damages action, and it is the subchapter’s most powerful provision.

A criminal street gang or foreign terrorist organization, or a member of one, is liable to the state or a governmental entity injured by the violation of a temporary or permanent injunctive order.

"Governmental entity" is defined expansively, covering any political subdivision — cities, counties, school and junior college districts, and a long list of water, drainage, navigation, conservation, health and communication districts and river authorities.

Against an individual member the plaintiff must show that the member violated the order, so membership alone does not produce liability.

Three recoveries are available: actual damages, a civil penalty not to exceed $20,000 for each violation, and court costs and attorney’s fees under the chapter’s fee provision.

"For each violation" is what makes the penalty substantial against a defendant who breaches an injunction repeatedly.

Subsection (e) allows property to be seized in execution on a judgment, and then sets out the innocent owner protections.

Property may not be seized where the owner or interest holder proves by a preponderance that they were not a member and did not violate the order.

Where the property is in the gang’s or a member’s possession, the owner must show more: that it was stolen, or used or intended to be used without their effective consent.

That is a demanding burden on someone whose property is being taken for another’s conduct, and it is the reason to keep clear records of ownership and permission.

Subsections (f) and (g) direct the money to the neighbourhood. The attorney general holds recoveries in a neighborhood and community recovery fund outside the treasury, in trust for the benefit of the community or neighborhood harmed, with funds for different communities not commingled. A local attorney must keep a comparable account.

Subsection (h) confirms that suing under this section waives no immunity.