Current through the 2024 Legislative Session
Section 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:(B) A legal proceeding; or(C) Medical education or treatment;(2) Made in good faith in the reporting or investigation of:(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.Added by S.L. 2020, ch. 77,s. 4, eff. 7/1/2020.