§ 25-3504 — Exceptions to liability

(a) In this section:
(1) Child means an unemancipated individual who is less than nineteen years of age.
(2) Parent means an individual recognized as a parent under law of this state other than the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
(b) A person is not liable under the act if the person proves that disclosure of, or a threat to disclose, 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) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the act for a disclosure or threatened disclosure of an intimate image, as defined in subdivision (7)(A) of section 25-3502 , of the child.
(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was:
(1) prohibited by law other than the act; or
(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) 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: Laws 2019, LB680, § 4.