§ 16-129-104 — Exceptions to liability

(a) In this section: (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter. (b) A person is not liable under this chapter if the person proves that disclosure of an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; (2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct; (3) related to a matter of public concern or public interest; or (4) reasonably intended to assist the depicted individual. (c) Subject to subsection (d), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure of an intimate image, as defined in § 16-129-102(7)(A) , of the child. (d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this chapter; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Legislative History

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.