Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for the act or omission that gave rise to the civil action. However, a person may not recover both: (1) punitive damages; and (2) the amounts provided for under section 1 or 1.5 of this chapter. [Pre-1998 Recodification Citation: 34-4-30-2.]
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