1. (a) In this section:

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

2. (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. (1) Made in good faith in:

      1. (A) Law enforcement;
      2. (B) A legal proceeding; or
      3. (C) Medical education or treatment;

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

      1. (A) Unlawful conduct; or
      2. (B) Unsolicited and unwelcome conduct;
   3. (3) Related to a matter of public concern or public interest; or
   4. (4) Reasonably intended to assist the depicted individual.
3. (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.

4. (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. (1) Prohibited by law other than this chapter; or
   2. (2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
5. (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.

Source: SL 2020, ch 77 , § 4.