13-72b-303. Civil liability for covered platforms.
(1) A person, or the heirs of a deceased person, who has been injured by a violation of Section 13-72b-301 may bring a civil action against the covered platform that committed the violation.
(2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-301, the court shall:
(a) enjoin the defendant from continued violation; and
(b) order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Section 13-72b-301 and all copies of the counterfeit intimate image within the defendant's possession or control.
(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:
(a) actual damages sustained, if any, including damages for emotional distress;
(b) punitive damages, if the violation is found to be willful, reckless, or malicious; and
(c) reasonable attorney fees and costs.
(5) Each failure to comply with the notice and takedown requirements established in Section 13-72b-302 after receiving notice of a counterfeit intimate image constitutes a separate violation of this chapter.
(6) The statute of limitations for a civil action under this section is the later of:
(a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or
(b) 10 years from the date of the violation.
Enacted by Chapter 352, 2026 General Session
