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Legal Information: Indiana

Statutes: Indiana

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Updated: 
March 27, 2020

34-21.5-3-2. Recovery of damages.

(a) An individual who prevails in an action brought under this chapter 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 ten thousand dollars ($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;
(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(3) punitive damages.
(b) In determining the amount of statutory damages under subsection (a)(1)(B), the trier of fact shall consider the following:
(1) The age of the parties at the time of the disclosure.
(2) The number of persons to whom the intimate image was disclosed.
(3) The breadth of distribution of the image by the defendant.
(4) Whether the person who disclosed or distributed the intimate image received any compensation for the disclosure or distribution.
(5) Whether, and to what extent, the disclosure or distribution of the intimate image was willful.
(6) Any other circumstances surrounding the disclosure or distribution of the intimate image that relate to the severity of the harm suffered by the individual depicted in the intimate image.
(c) In addition, an individual who prevails in an action brought under this chapter is entitled to:
(1) reasonable attorney’s fees;
(2) court costs; and
(3) additional relief, including injunctive relief.
(d) Punitive damages awarded under this section are not subject to IC 34-51-3-4, IC 34-51-3-5, or IC 34-51-3-6.
(e) This section does not affect other rights or remedies available under the law of the state.