Section 13-21-1403 - Civil action - definitions(1) In this section, unless the context otherwise requires: (a) "Harm" means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.(b) "Private" means: (I) Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or(II) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.(2) Except as otherwise provided in section 13-21-1404, a depicted individual who is identifiable and who has suffered harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (a) The depicted individual did not consent to the disclosure;(b) The intimate image was private; and(c) The depicted individual was identifiable.(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 the action, or that the individual lacked a reasonable expectation of privacy: (a) Consent to the creation of the image; or(b) Previous consensual disclosure of the image.(4) A depicted individual who does not consent to sexual conduct or the uncovering of the part of the body depicted in the 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.(5) This section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image; a plaintiff may also bring any other available common law or statutory claims.Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.L. 2019: Entire part added, (SB 19-100), ch. 326, p. 326, § 1, effective April 8.