25-3504. Exceptions to liability.

264 words·~1 min read·/ne/chapter-25/25-3504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this section:

(1)Child means an unemancipated individual who is less than nineteen years of age.

(2)Parent means an individual recognized as a parent under law of this state other than the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

(b)A person is not liable under the act 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)of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the act for a disclosure or threatened disclosure of an intimate image, as defined in subdivision (7)(A) of section 25-3502 , of the child.

(d)If a defendant asserts an exception to liability under subsection

(c)of this section, the exception does not apply if the plaintiff proves the disclosure was:

(1)prohibited by law other than the act; 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.