§ 32-49-03 — Exceptions to liability

1. As used in this section:
a. "Child" means an unemancipated individual who is less than eighteen years of
age.
b. "Parent" means an individual recognized as a parent under a law of this state
other than this chapter.
2. A person is not liable under this chapter if the person proves that disclosure of, or a
threat to disclose, an intimate image was:
a. Made in good faith:
(1) By law enforcement;
(2) In a legal proceeding; or
(3) For medical education or treatment;
b. Made in good faith in the reporting or investigation of:
(1) Unlawful conduct; or
(2) Unsolicited and unwelcome conduct;
c. Related to a matter of public concern or public interest; or
d. Reasonably intended to assist the depicted individual.
3. Subject to subsection 4, a defendant who is a parent or legal guardian of a child is not
liable under this chapter 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, the exception does
not apply if the plaintiff proves the disclosure was:
a. Prohibited by law other than this chapter; or
b. Made for the purpose of sexual arousal, sexual gratification, humiliation,
degradation, or monetary or commercial gain.