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.