(a) In an action under this chapter, a prevailing plaintiff may recover: (1) the greater of: (A) economic and noneconomic damages proximately caused by the defendant's disclosure, including damages for emotional distress whether or not accompanied by other damages; or(B) statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all 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 subsection (a)(1)(B), consideration must be given to the age of the parties at the time of the disclosure, the number of disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and(3) punitive damages.(b) In an action under this chapter, the court may award a prevailing plaintiff: (1) reasonable attorney's fees and costs; and(2) additional relief, including injunctive relief.(c) This chapter does not affect a tion under this chapter, the court may award a prevailing plaintiff: (1) reasonable attorney's fees and costs; and(2) additional relief, including injunctive relief.(c) This chapter does not affect a right or remedy available under law of this state other than this chapter.Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Legal Code