§ 21-67-4 — Exceptions to liability.

(a) In this section: (1) "Child" means an unemancipated individual who is less than eighteen 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, 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), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 21-67-2 , 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, 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

SL 2020, ch 77, § 4.