(a) In a civil action filed under this part, an individual may recover any of the following:(1) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction;(2) Either of the following:(A) The actual damages sustained by the individual as a result of the intimate digital depiction, including damages for emotional distress; or(B) Liquidated damages in the amount of one hundred fifty thousand dollars ($150,000);(3) Punitive damages, pursuant to § 29-39-104; and(4) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred.
(1) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction;
(2) Either of the following:(A) The actual damages sustained by the individual as a result of the intimate digital depiction, including damages for emotional distress; or(B) Liquidated damages in the amount of one hundred fifty thousand dollars ($150,000);
(A) The actual damages sustained by the individual as a result of the intimate digital depiction, including damages for emotional distress; or
(B) Liquidated damages in the amount of one hundred fifty thousand dollars ($150,000);
(3) Punitive damages, pursuant to § 29-39-104; and
(4) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred.
(b) In a civil action filed under this part, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction.
(c) In ordering relief under this section, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
(d) An identifiable individual shall not bring an action for relief under this section relating to:(1) A disclosure the defendant can show was made in good faith:(A) To or by a law enforcement officer or agency in the course of reporting or investigating:(i) Unlawful activity; or(ii) Unsolicited or unwelcome conduct; or(B) As part of a legal proceeding; or(2) A disclosure made in good faith and reasonably intended to assist the identifiable individual.
(1) A disclosure the defendant can show was made in good faith:(A) To or by a law enforcement officer or agency in the course of reporting or investigating:(i) Unlawful activity; or(ii) Unsolicited or unwelcome conduct; or(B) As part of a legal proceeding; or
(A) To or by a law enforcement officer or agency in the course of reporting or investigating:(i) Unlawful activity; or(ii) Unsolicited or unwelcome conduct; or
(i) Unlawful activity; or
(ii) Unsolicited or unwelcome conduct; or
(B) As part of a legal proceeding; or
(2) A disclosure made in good faith and reasonably intended to assist the identifiable individual.
(e) A court may authorize an in camera proceeding under this part.
(f) It is not a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material.