Current through Acts effective through 6/7/2024 of the 2024 Legislative Session
Section 13-21-1404 - Exceptions to liability - definitions(1) In this section, unless the context otherwise requires: (a) "Child" means an unemancipated individual who is less than eighteen years of age.(b) "Parent" means an individual recognized as a parent under the law of this state other than this part 14.(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:(a) Made in good faith in:(II) A legal proceeding; or(III) Medical education or treatment; or(b) Made in good faith in the reporting or investigation of: (II) Unsolicited and unwelcome conduct;(III) Related to a matter of public concern or public interest; or(IV) Reasonably intended to assist the depicted individual.(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) 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:(a) Prohibited by law other than this part 14; or(b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.(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.Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.L. 2019: Entire part added, (SB 19-100), ch. 327, p. 327, § 1, effective April 8.