§ 13-21-1404 — Exceptions to liability - definitions

(1) In this section, unless
the context otherwise requires:

(a) Child means an unemancipated individual who is less than eighteen
years of age.

(b) Parent means an individual recognized as a parent under the law of this
state other than this part 14.

(2) A person is not liable under this part 14 if the person proves that
disclosure of, or a threat to disclose, the intimate image was:

(a) Made in good faith in:

(I) Law enforcement;

(II) A legal proceeding; or

(III) Medical education or treatment; or

(b) Made in good faith in the reporting or investigation of:

(I) Unlawful conduct;

(II) Unsolicited and unwelcome conduct;

(III) Related to a matter of public concern or public interest; or

(IV) Reasonably intended to assist the depicted individual.

(3) Subject to subsection (4) of this section, a defendant who is a parent,
legal guardian, or individual with legal custody of a child is not liable under this part
14 for a disclosure or threatened disclosure of an intimate image of the child.

(4) If a defendant asserts an exception to liability under subsection (3) of this
section, the exception does not apply if the plaintiff proves the disclosure was:

(a) Prohibited by law other than this part 14; or

(b) Made, possessed, or distributed for the purposes of sexual arousal,
sexual gratification, humiliation, degradation, or monetary or commercial gain.

(5) Disclosure of, or a threat to disclose, an intimate image is not a matter of
public concern or public interest solely because the depicted individual is a public
figure.

Legislative History

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 327, � 1, effective April 8.