Iowa Code 659A.6 – Remedies
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1. In an action under this chapter, a prevailing plaintiff may recover all of the following:
a. The greater of the following:
(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.
(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 subparagraph, consideration shall be given to all of the following:
(a) The age of the parties at the time of the disclosure or threatened disclosure.
(b) The number of disclosures or threatened disclosures made by the defendant.
(c) The breadth of distribution of the image by the defendant.
(d) Other exacerbating or mitigating factors.
b. An amount equal to any monetary gain made by the defendant from disclosure of the intimate image.
c. Punitive damages as allowed under chapter 668A.
Terms Used In Iowa Code 659A.6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Disclosure: means transfer, publication, or distribution to another person. See Iowa Code 659A.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Intimate image: means a photograph, film, video recording, or other similar medium that shows any of the following:a. See Iowa Code 659A.2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
2. In an action under this chapter, the court may award a prevailing plaintiff all of the following:a. Reasonable attorney fees and costs.b. Additional relief, including injunctive relief.3. This chapter does not affect a right or remedy available under law of this state other than this chapter.