(1) A civil action may be maintained under this section against any person who, in violation of KRS 531.120(3), does not remove a sexually explicit image upon the request of the person depicted in the image.
(2) A civil action may be maintained under this section whether or not the individual who is alleged to have violated KRS 531.120(3) has been charged or convicted under KRS 531.120. Liability under this section shall include damages of one thousand dollars ($1,000) for each sexually explicit image for each day the image remains on the Web site after receipt of the request.
(3) An action under this section shall be brought within two (2) years of the last act of conduct in violation of KRS 531.120(3).