Article 35: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act · Last amended 2019 · Last verified July 22, 2026
In one sentenceThis section lets a prevailing plaintiff recover actual economic and emotional-distress damages, or presumed damages capped at ten thousand dollars per defendant when actual damages are hard to quantify, plus any profit the defendant made from the disclosure, attorney’s fees, costs, and injunctive relief.
Full Text of § 25-3505
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(a) In an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a prevailing plaintiff may recover as compensation:
(1)(A) 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; or
(B) if the actual damages are incapable of being quantified or difficult to quantify, presumed damages not to exceed ten thousand dollars against each defendant in an amount that bears a reasonable relationship to the probable damages incurred by the prevailing plaintiff. In determining the amount of presumed damages under subdivision (a)(1)(B) of this section, consideration must be given to the age of the parties at the time of the disclosure or threatened 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; and
(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image.
(b) In an action under the act, the court may award a prevailing plaintiff:
(1) reasonable attorney's fees and costs; and
(2) additional relief, including injunctive relief.
(c) The act does not affect a right or remedy available under law of this state other than the act.
Source
Laws 2019, LB680, § 5.
Plain-English Summary
Section 25-3505 sets out what a plaintiff who wins a claim under the Act can recover. The plaintiff may recover economic and noneconomic damages proximately caused by the disclosure or threatened disclosure, including emotional distress damages whether or not other damages accompany them. If actual damages are difficult or impossible to quantify, the plaintiff can instead recover presumed damages, capped at ten thousand dollars against each defendant, in an amount bearing a reasonable relationship to the probable harm. In setting that amount, a court weighs the parties’ ages at the time of the disclosure, how many times the defendant disclosed or threatened to disclose the image, how widely the defendant distributed it, and other aggravating or mitigating factors.
Beyond damages tied to the plaintiff’s harm, the plaintiff can also recover an amount equal to any monetary gain the defendant made from disclosing the image, which strips away any profit motive behind the disclosure. A court may additionally award the prevailing plaintiff reasonable attorney’s fees and costs, along with other appropriate relief, including an injunction. None of this displaces any other right or remedy the plaintiff might have under other Nebraska law.
Frequently Asked Questions
What can a plaintiff recover if actual damages are hard to prove?
Presumed damages, capped at ten thousand dollars against each defendant, in an amount bearing a reasonable relationship to the probable damages the plaintiff suffered.
Is there a cap on presumed damages under this section?
Yes, ten thousand dollars against each defendant. Actual economic and noneconomic damages, by contrast, are not subject to that cap.
What factors affect the amount of presumed damages a court awards?
The parties’ ages at the time of the disclosure or threatened disclosure, the number of disclosures or threats made by the defendant, how widely the image was distributed, and other aggravating or mitigating circumstances.
Can a plaintiff also recover money the defendant made from disclosing the image?
Yes. The section allows recovery of an amount equal to any monetary gain the defendant made from the disclosure, separate from the damages tied to the plaintiff’s own harm.
Are attorney’s fees available to a prevailing plaintiff?
Yes, along with costs, and the court may also award additional relief, including injunctive relief.
Does this Act replace other legal remedies a plaintiff might have?
No. The Act states that it does not affect any right or remedy available under other Nebraska law.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:damages available unauthorized intimate image disclosurepresumed damages cap ten thousand dollarsattorney fees intimate image lawsuit Nebraskainjunctive relief nonconsensual image act