§ 32-49-05 — Remedies

North Dakota § 32-49-05

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-49: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act

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1. In an action under this chapter, a prevailing plaintiff may recover:
a. The greater of:
(1) Economic and noneconomic damages proximately caused by the
defendant's disclosure or threatened disclosure, including damages for
emotional distress whether or not accompanied by other damages; or
(2) Statutory damages not to exceed ten thousand dollars against each
defendant found liable under this chapter 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. In determining the amount of statutory damages
under this paragraph, 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. Exemplary damages.
2. In an action under this chapter, the court may award a prevailing plaintiff:
a. Reasonable attorney's fees and costs; and
b. Other remedies available by law, including injunctive relief.
3. This chapter does not affect a right or remedy available under a law of this state other
than this chapter.