§ 659A.3 — Civil action

Iowa § 659A.3

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 659A: UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY

Text

1. As used in this section, unless the context otherwise requires:
a. “Harm” includes physical harm, economic harm, and emotional distress whether or not
accompanied by physical or economic harm.
b. “Private” means any of the following:
(1) Created or obtained under circumstances in which a depicted individual had a
reasonable expectation of privacy.
§659A.3, UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY 2
(2) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism,
or exceeding authorized access to an account, message, file, device, resource, or property.
2. Exceptasotherwiseprovidedinsection659A.4,adepictedindividualwhoisidentifiable
andwhosuffersharmfromaperson’sintentionaldisclosureorthreateneddisclosure,without
the depicted individual’s consent, of an intimate image that was private has a cause of action
against the person, if the person knew, or acted with reckless disregard regarding, all of the
following:
a. The depicted individual did not consent to the disclosure.
b. The intimate image was private.
c. The depicted individual was identifiable.
3. The following conduct by a depicted individual does not establish by itself that the
individual consented to the disclosure of the intimate image which is the subject of an action
under this chapter or that the individual lacked a reasonable expectation of privacy:
a. Consent to creation of the image.
b. Previous consensual disclosure of the image.
4. A depicted individual who does not consent to the sexual conduct or uncovering of
the part of the body depicted in an intimate image of the individual retains a reasonable
expectationofprivacyeveniftheimagewascreatedwhentheindividualwasinapublicplace.