21-67-4. Exceptions to liability.

(a)    In this section:

(1)    "Child" means an unemancipated individual who is less than eighteen years of age;

(2)    "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(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)    Made in good faith in:

(A)    Law enforcement;

(B)    A legal proceeding; or

(C)    Medical education or treatment;

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

(A)    Unlawful conduct; or

(B)    Unsolicited and unwelcome conduct;

(3)    Related to a matter of public concern or public interest; or

(4)    Reasonably intended to assist the depicted individual.

(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.

(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)    Prohibited by law other than this chapter; or

(2)    Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(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.