(1) In an action under this part 14, a prevailing plaintiff may recover:
(a) The greater of:
Economic and noneconomic damages proximately caused by the defendant's disclosures or threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or
(A) Statutory damages not to exceed ten thousand dollars against each defendantfound liable under this part 14 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) In determining the amount of statutory damages under this subsection (1)(a)(II), 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.
An amount equal to any monetary gain made by the defendant from disclosure of theintimate image; and
Punitive damages as allowed under the law of this state other than this part 14.
In an action under this part 14, the court may award a prevailing plaintiff: (a) Reasonable attorney fees and costs; and (b) Additional relief, including injunctive relief.
This part 14 does not affect a right or remedy available under state law other thanthis part 14.
Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 328, § 1, effective April 8.