(1) Irrespective of any criminal prosecution or the result thereof, a person depicted in an image disclosed in violation of ORS § 163.472, or that person’s parent or guardian, representative or estate, shall have a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions are unlawful under ORS § 163.472.

Terms Used In Oregon Statutes 30.833

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) Upon prevailing in such action, the plaintiff may recover:

(a) The greater of:

(A) Special and general damages, including damages for emotional distress; or

(B) Statutory damages of $5,000 per plaintiff against each defendant found liable under this section;

(b) An amount equal to any economic gain received by the defendant for the disclosure; and

(c) Punitive damages.

(3) The court may award reasonable attorney fees to the prevailing plaintiff in an action under this section.

(4) An emancipated minor, or the parent, parents or legal guardian of an unemancipated minor, shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000.

(5) A civil action under this section does not affect a right or remedy available under any other law of this state.

(6) An award of statutory damages described in subsection (2) of this section is not evidence of the existence or the amount of economic damages for purposes of restitution under ORS § 137.106. [2019 c.304 § 2]

 

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