78B-6-2705. Remedies.

236 words·~1 min read·/ut/title-78b/chapter-6/78b-6-2705

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

Effective 5/6/2026

(1)In an action under this part, a prevailing plaintiff may recover:

(a)the greater of:

(i)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

(ii)statutory damages not to exceed $10,000 against each defendant found liable under this part for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action;

(b)an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and

(c)punitive damages.

(2)In determining the amount of statutory damages under Subsection (1)(a)(ii) , the trier of fact shall consider:

(a)the age of the parties at the time of the disclosure or threatened disclosure;

(b)the number of disclosures or threatened disclosures made by the defendant;

(c)the breadth of distribution of the image by the defendant; and

(d)other exacerbating or mitigating factors.

(3)In an action under this part, the court may award a prevailing plaintiff:

(a)reasonable attorney fees and costs; and

(b)additional relief, including injunctive relief.

(4)This part does not affect a right or remedy available under a law of this state other than this part.

Enacted by Chapter 288 , 2026 General Session