(a) As used in this section, “malice” means a specific intent by a person to cause substantial injury or harm to an owner or tenant of private real property.
(b) An owner or tenant of private real property may bring an action against a person who, in violation of § 5-60-103, captured an image of the private real property or the owner or tenant of the private real property while on the private real property, with a reasonable expectation of privacy, to:(1) Enjoin a violation or imminent violation of § 5-60-103 or § 5-60-126;(2) Recover civil damages of:(A) Five thousand dollars ($5,000) for all images captured in a single episode in violation of § 5-60-103; or(B) Ten thousand dollars ($10,000) for disclosure, display, distribution, or other use of an image captured in a single episode in violation of § 5-60-126; or(3) Recover actual damages if the person who captured the image in violation of § 5-60-103 discloses, displays, or distributes the image with malice.
(1) Enjoin a violation or imminent violation of § 5-60-103 or § 5-60-126;
(2) Recover civil damages of:(A) Five thousand dollars ($5,000) for all images captured in a single episode in violation of § 5-60-103; or(B) Ten thousand dollars ($10,000) for disclosure, display, distribution, or other use of an image captured in a single episode in violation of § 5-60-126; or
(A) Five thousand dollars ($5,000) for all images captured in a single episode in violation of § 5-60-103; or
(B) Ten thousand dollars ($10,000) for disclosure, display, distribution, or other use of an image captured in a single episode in violation of § 5-60-126; or
(3) Recover actual damages if the person who captured the image in violation of § 5-60-103 discloses, displays, or distributes the image with malice.
(c) For purposes of recovering the civil damages or actual damages under subsection (b) of this section:(1) All owners of a parcel of real property are considered to be a single owner; and(2) All tenants of a parcel of real property are considered to be a single tenant.
(1) All owners of a parcel of real property are considered to be a single owner; and
(2) All tenants of a parcel of real property are considered to be a single tenant.
(d) In addition to the civil damages and actual damages authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party in an action under this section.
(e) An action brought under this section shall be commenced within two (2) years from the date the image was:(1) Captured in violation of § 5-60-103; or(2) Initially disclosed, displayed, distributed, or otherwise used in violation of § 5-60-126.
(1) Captured in violation of § 5-60-103; or
(2) Initially disclosed, displayed, distributed, or otherwise used in violation of § 5-60-126.