(1) In this section, unless the context otherwise requires:
"Harm" means physical harm, economic harm, and emotional distress whether or notaccompanied by physical or economic harm.
"Private" means:
Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or
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.
The following conduct by a depicted individual does not establish by itself that theindividual 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.
A depicted individual who does not consent to sexual conduct or the uncovering ofthe 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.
This section is not the exclusive remedy for an intentional disclosure or threateneddisclosure of an intimate image; a plaintiff may also bring any other available common law or statutory claims.
Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 326, § 1, effective April 8.