1. (1) In this section, unless the context otherwise requires:

   1. (a) Child means an unemancipated individual who is less than eighteen years of age.
   2. (b) Parent means an individual recognized as a parent under the law of this state other than this part 14.

2. (2) A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was:

   1. (a) Made in good faith in:

      1. (I) Law enforcement;
      2. (II) A legal proceeding; or
      3. (III) Medical education or treatment; or

   2. (b) Made in good faith in the reporting or investigation of:

      1. (I) Unlawful conduct;
      2. (II) Unsolicited and unwelcome conduct;
      3. (III) Related to a matter of public concern or public interest; or
      4. (IV) Reasonably intended to assist the depicted individual.
3. (3) Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 for a disclosure or threatened disclosure of an intimate image of the child.

4. (4) If a defendant asserts an exception to liability under subsection (3) of this section, the exception does not apply if the plaintiff proves the disclosure was:

   1. (a) Prohibited by law other than this part 14; or
   2. (b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
5. (5) 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.

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 327, § 1, effective April 8.