(2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-301, the court shall: (a) enjoin the defendant from continued violation; and (b) order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Section 13-72b-301 and all copies of the counterfeit intimate image within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each failure to comply with the notice and takedown requirements established in Section
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