(1) A person who brings a civil action against an individual for a violation of Section 63D-3-104 may: (a) recover actual damages, including the person's: (i) lost profits; (ii) economic damages; and (iii) reasonable cost of remediation efforts related to the violation; (b) recover consequential damages, including for interruption of service; (c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation; (d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and (e) recover anything the individual obtained through the violation, including: (i) misappropriated information or code; (ii) a misappropriated program; and (iii) any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e) (ii). (2) A court shall award reasonable attorney fees to the prevailing party in any action arising under this part. (3) The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law. (4) A person may not file a civil action under Section 63D-3-104 later than three years after the day on which: (a) the violation occurred; or (b) (i) the person discovers the violation; or (ii) the person should have discovered the violation if the person acted with reasonable diligence to discover the violation.
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