Utah § 63D-3-105 Remedies.

Utah Statutes

§ 63D-3-105 — Remedies.

Utah § 63D-3-105

Title 63DInformation Technology Act

Ch. 63D-3Unauthorized Access to Information Technology

Part 63D-3-1Computer Abuse and Data Recovery Act

This text of Utah § 63D-3-105 (Remedies.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 63D-3-105 (2026).

Text

(1)A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(1)(a) recover actual damages, including the person's:

(1)(a)(i) lost profits;

(1)(a)(ii) economic damages; and

(1)(a)(iii) reasonable cost of remediation efforts related to the violation;

(1)(b) recover consequential damages, including for interruption of service;

(1)(c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;

(1)(d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and

(1)(e) recover anything the individual obtained through the violation, including:

(1)(e)(i) misappropriated information or code;

(1)(e)(ii) a misappropriated program; and

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(1) A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(1)(a) recover actual damages, including the person's:
(1)(a)(i) lost profits;
(1)(a)(ii) economic damages; and
(1)(a)(iii) reasonable cost of remediation efforts related to the violation;
(1)(b) recover consequential damages, including for interruption of service;
(1)(c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;
(1)(d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and
(1)(e) recover anything the individual obtained through the violation, including:
(1)(e)(i) misappropriated information or code;
(1)(e)(ii) a misappropriated program; and
(1)(e)(iii) any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e)(ii).
(2) A court shall award reasonable attorney fees to the prevailing party in any action arising under this part.
(3) The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law.
(4) A person may not file a civil action under Section 63D-3-104 later than three years after the day on which:

(4)(a) the violation occurred; or
(4)(b) (4)(b)(i) the person discovers the violation; or
(4)(b)(ii) the person should have discovered the violation if the person acted with reasonable diligence to discover the violation.