Guam § 53106 - Remedies.

§ 53106. Remedies.

(a) In an action under this Chapter, a prevailing plaintiff

may recover:

(1) the greater of:

(A) economic and noneconomic damages

proximately caused by the defendant’s disclosures or

threatened disclosures, including damages for

emotional distress whether or not accompanied by

other damages; or

(B)(i) statutory damages not to exceed Ten

Thousand Dollars ($10,000) 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;

(ii) in determining the amount of statutory

damages under this Subsection (a)(1)(B),

consideration must be given to the age of the

parties at the time of the disclosure or threatened

COL5/8/2020

UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019

disclosure, the number of disclosures or

threatened disclosures made by the defendant, the

breadth of distribution of the image by the

defendant, and other exacerbating or mitigating

factors;

(2) an amount equal to any monetary gain made by the

defendant from disclosure of the intimate image; and

(3) punitive damages as allowed under Guam law other

than this Chapter.

(b) In an action under this Chapter, the court may award a

prevailing plaintiff:

(1) reasonable attorney fees and costs; and

(2) additional relief, including injunctive relief.

(c) This Chapter does not affect a right or remedy available

under Guam law other than this Chapter.