13-72b-202. Civil liability for generation services.
(1) A person, or the heirs of a deceased person, who has been injured by a violation recognized in Sectionmay bring a civil action against the generation service that committed the violation. 13-72b-201
(2) If in an action described in Subsectionthe court finds the defendant is violating or has violated any provision of Section, the court shall: (1) 13-72b-201 enjoin the defendant from continuing the violation; and order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Sectionand all copies of the counterfeit intimate image within the defendant's possession or control. 13-72b-201
(3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section.
(4) A plaintiff in an action under this section is entitled to recover: actual damages sustained, if any, including damages for emotional distress; punitive damages, if the violation is found to be willful, reckless, or malicious; and reasonable attorney fees and costs.
(5) Each distribution of a counterfeit intimate image depicting an identifiable individual without consent constitutes a separate violation.
(6) The statute of limitations for a civil action under this section is the later of: three years from the date the plaintiff discovered or reasonably should have discovered the violation; or 10 years from the date of the violation.