2019 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 030 - Actions and Suits in Particular Cases
Section 30.833 - Action for dissemination of intimate image; attorney fees.
(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.
(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]
