18-6709 — RECOVERY OF CIVIL DAMAGES AUTHORIZED
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 67
COMMUNICATIONS SECURITY
18-6709. RECOVERY OF CIVIL DAMAGES AUTHORIZED. Any person whose wire,
electronic or oral communication is intercepted, disclosed, or used in
violation of this chapter shall have a civil cause of action against any
person who intercepts, discloses, uses, or procures any other person to
intercept, disclose, or use such communications, and shall be entitled to
recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the
rate of one hundred dollars ($100) a day for each day of violation or one
thousand dollars ($1,000), whichever is higher;
(b) Punitive damages; and
(c) A reasonable attorney's fee and other litigation costs reasonably
incurred.
A good faith reliance on a court order shall constitute a complete defense to
any civil or criminal action under the laws of this state.