How to Sue Someone Who Has Posted Intimate Images of You

It goes by different names – sexting, sextortion, revenge porn, etc. – and in the age of the internet, it’s become a big problem. To remedy this, the Oklahoma Legislature recently enacted the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” (UCRUDIIA).

This law will allow you to file suit and collect damages from anyone who has distributed or published intimate images of you without your consent. The law also allows you to sue and collect damages from anyone who has threatened to distribute intimate images of you. The new law also protects your identity. In most lawsuits, the names of the parties are public record. However, to protect a victim’s identity, UCRUDIIA allows you to file suit anonymously or under a pseudonym, and UCRUDIIA prohibits courts from disclosing your identity. The law takes effect November 1, 2026. You may read the law here.

What can you sue for?

You may sue if:

·         An image depicts a private area of your body, or depicts you engaged in sexual activity, and

·         The image, or anything in connection with the image identifies you (for example, if your name accompanies the image) and

·         The image was created under circumstances in which you have a reasonable expectation of privacy, and

·         If anyone has distributed an image of you to any other person (distribution of the image to one other person is sufficient to trigger a lawsuit under UCRUDIIA) and

·         You do not consent to the distribution of the image. Even if you have consented to the distribution of the image at some point in the past, you may still sue if you did not consent to the specific distribution of the image for which you sue.

You may also sue if someone has threatened to distribute or disclose intimate images of you in such a way that the disclosure would have violated UCRUDIIA.

Exceptions to liability

There are a number of exceptions to UCRUDIIA. These include:

·         You may not sue if the person disclosed (or threatened to disclose) the image in good faith to law enforcement, in a legal proceeding, or during medical education or treatment.

·         You may not sue if the person disclosed (or threatened to disclose) the image in good faith to report unlawful, unsolicited, or unwelcome conduct.

·         You may not sue if the disclosure or threatened disclosure was “related to a matter of public concern or public interest.” The law doesn’t define what “related to a matter of public concern or public interest” means, but the law does say that even if you are a public figure, your status as a public figure does not automatically mean that the disclosure was related to a matter of public concern or public interest.

·         If you are a child (or were a child when the disclosure or threat to disclose was made), you may not sue your parent or a person with legal custody of you, unless the disclosure or threatened disclosure was prohibited by law, or was made for “sexual arousal, sexual gratification, humiliation, degradation” or for financial gain.

·         You may not sue a cloud computing, data storage, web hosting, or other computer service, if the provider has no actual knowledge that UCRUDIIA prohibits the disclosure or threatened disclosure, or, if the provider has actual knowledge of the prohibited content, and quickly acts to remove the content.

How much can you recover?

You may recover either of the following amounts, whichever is greater:

1.    Any economic or non-economic damages, including damages for emotional distress, caused by the disclosure

2.    $10,000 against each defendant

In addition to the above, you may also recover:

1.    Any amount equal to the amount of money that the disclosing party made from the disclosure

2.    Punitive damages (“punitive” damages means damages designed to punish the liable party)

3.    Attorney’s fees

4.    A court order directing the disclosing party to act, or not act, in a certain way

5.    UCRUDIIA also says you may recover “additional relief.” UCRUDIIA doesn’t specify what this “additional relief” is.

6.    You may also pursue “any other right or remedy available under the laws of this state.”

How soon can you file a lawsuit?

If a person has made a disclosure or distribution, you may sue any time within four years after the disclosure was discovered, or could have been discovered with due diligence.

If a person has threatened to make a disclosure, you may sue any time within four years after he made the threat.

If you were a minor when the person made the disclosure or threat to disclose, you may sue any time within four years after you turn eighteen.

How does UCRUDIIA protect your privacy?

In most court cases, the identity of all parties is available online, and to anyone who looks up the record in the court clerk’s office. But, UCRUDIIA provides that when you file suit, you may ask the court to exclude your name, and all your identifying characteristics, from any paper filed in court. UCRUDIIA also says that a judge “may make further orders as necessary” to protect your identity and privacy.

However, you will have to file, in court, a confidential document that includes your name and other identifying information. You must also serve a copy of this document on anyone you sue. This document will not be made public.

Has someone violated your privacy through an illegal disclosure? Contact Persaud Law Office.

If someone has disclosed or threatened to disclose compromising information about you, you may feel frightened and threatened. You are not alone. The Persaud Law Office has handled many civil cases, and we can help you. Contact us today.