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§ 1126.Uniform Civil Remedies For Unauthorized Disclosure of Intimate Images Act - Damages - Attorney Fees - Injunctive Relief

Chapter 19: Miscellaneous Proceedings · Last amended November 1, 2026 · Last verified August 3, 2026

In one sentenceSection 1126 lets a prevailing plaintiff under the new Act recover actual or statutory damages up to $10,000 per defendant, the defendant's monetary gain, punitive damages, and attorney fees, once the Act takes effect November 1, 2026.

Full Text of § 1126

Text sizeJump to: (A) (B) (C)

A. In a cause of action filed pursuant to this act, a prevailing plaintiff may recover:
1. The greater of:
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. statutory damages not to exceed Ten Thousand Dollars ($10,000.00) against each defendant found liable under this act 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. In determining the amount of statutory damages under this subparagraph, consideration shall 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;
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 law of this state other than this act.
B. In a cause of action filed pursuant to this act, the court may award a prevailing plaintiff:
1. Reasonable attorney fees and costs; and
2. Additional relief, including injunctive relief.
C. This act shall not affect any other right or remedy available under the laws of this state.

Amendment History

Added by Laws 2026, c. 447,s. 6, eff. 11/1/2026.

Plain-English Summary

A plaintiff who wins under the new Act can recover the greater of two damages measures: actual economic and noneconomic damages, including emotional distress, proximately caused by the disclosure or threatened disclosure; or statutory damages of up to $10,000 against each liable defendant, covering every disclosure or threatened disclosure by that defendant the plaintiff knew about or should have known about. In setting that statutory figure, the court weighs the parties' ages at the time, how many disclosures occurred, how widely the image spread, and other aggravating or mitigating facts. On top of that, the plaintiff can recover any monetary gain the defendant made from the disclosure, plus punitive damages under Oklahoma's ordinary punitive-damages law.

The court may also award reasonable attorney fees and costs, and additional relief including an injunction. None of this displaces any other right or remedy the plaintiff might otherwise have under Oklahoma law.

Frequently Asked Questions

How much can a plaintiff recover under this Act?

The greater of actual economic and noneconomic damages, including emotional distress, or statutory damages up to $10,000 per liable defendant, plus any monetary gain the defendant made and available punitive damages.

What factors affect the statutory damages amount?

The age of the parties at the time of disclosure, the number of disclosures or threatened disclosures, how widely the image was distributed, and other aggravating or mitigating factors.

Can a prevailing plaintiff recover attorney fees?

Yes, subsection B lets the court award reasonable attorney fees and costs, plus additional relief including injunctive relief.

Does this Act replace other legal claims I might have?

No, subsection C says the Act doesn't affect any other right or remedy available under Oklahoma law.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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