§ 98B.004.Injunctive Relief

The remedy most claimants want, with a fixed penalty attached to disobedience.

A court may issue a temporary restraining order or a temporary or permanent injunction to restrain and prevent the disclosure or promotion of intimate visual material with respect to the depicted person, on the motion of a party.

Subsection (b) puts a price on violating it. The court may award to the party who brought the motion: $1,000 for each violation where the disclosure or promotion is wilful or intentional; or $500 for each violation where it is not.

Per-violation liquidated amounts are unusual and effective here. Proving the harm from any single re-posting is difficult, and a claimant would otherwise have to establish actual damages for each one. A fixed figure per violation removes that problem entirely.

The two tiers turn on wilfulness, which distinguishes deliberate defiance from a failure to remove material that had already propagated.

The injunction is available at three stages — a temporary restraining order at the outset, a temporary injunction during the case, and a permanent injunction at the end. The first matters most, since the harm from this material compounds with every hour it remains available.

The platform provision then supplies a parallel route: an owner who fails to remove material on request is liable directly, without a court order.