25-3505. Remedies.

217 words·~1 min read·/ne/chapter-25/25-3505

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a prevailing plaintiff may recover as compensation:

(1)(A) economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or

(B)if the actual damages are incapable of being quantified or difficult to quantify, presumed damages not to exceed ten thousand dollars against each defendant in an amount that bears a reasonable relationship to the probable damages incurred by the prevailing plaintiff. In determining the amount of presumed damages under subdivision (a)(1)(B) of this section, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors; and

(2)an amount equal to any monetary gain made by the defendant from disclosure of the intimate image.

(b)In an action under the act, the court may award a prevailing plaintiff:

(1)reasonable attorney's fees and costs; and

(2)additional relief, including injunctive relief.

(c)The act does not affect a right or remedy available under law of this state other than the act.