(1) In any action brought under Section 13-72b-202 against a generation service, the complaint shall plead with particularity facts establishing that the generation service does not qualify for safe harbor protection under Section 13-72b-203. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations, including dates, communications, and other evidence, demonstrating that the generation service does not qualify for safe harbor protection under Section 13-72b-203, including facts showing one or more of the following: (a) that the generation service holds itself out as providing services for creating counterfeit intimate images; (b) that the generation service failed to implement a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate images; (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate images; and (iii) includes procedures for responding to reports of violations; (c) that the generation service distributed a counterfeit intimate image depicting the plaintiff without requesting or obtaining the plaintiff's consent; (d) that the generation service had actual knowledge that a counterfeit intimate image was created or distributed without consent and failed to take prompt action to prevent further distribution; or (e) that the generation service intentionally designed the service to facilitate the creation of non- consensual counterfeit intimate images. (3) General or conclusory allegations that a generation service violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A generation service may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the generation service reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.
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