1. 1. As used in this section, unless the context otherwise requires:

   1. a. “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.

   2. b. “Private” means any of the following:

      1. (1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy.
      2. (2) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.

2. 2. Except as otherwise provided in section 659A.4, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure, without the depicted individual’s consent, of an intimate image that was private has a cause of action against the person, if the person knew, or acted with reckless disregard regarding, all of the following:

   1. a. The depicted individual did not consent to the disclosure.
   2. b. The intimate image was private.
   3. c. The depicted individual was identifiable.

3. 3. The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:

   1. a. Consent to creation of the image.
   2. b. Previous consensual disclosure of the image.
4. 4. A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

Subsection 2, unnumbered paragraph 1 amended

2021 Acts, ch 56, §3; 2023 Acts, ch 66, §147

Referred to in §659A.7