§ 13-21-1406 — Remedies

(1) In an action under this part 14, a prevailing
plaintiff may recover:

(a) The greater of:

(I) 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

(II) (A) Statutory damages not to exceed ten thousand dollars against each
defendant found 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.

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

(c) Punitive damages as allowed under the law of this state other than this
part 14.

(2) 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.

(3) This part 14 does not affect a right or remedy available under state law
other than this part 14.

Legislative History

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 328, � 1, effective April 8.