78B-6-2703. Exceptions to liability.

347 words·~2 min read·/ut/title-78b/chapter-6/78b-6-2703

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

Effective 5/6/2026

(1)As used in this section:

(a)"Child" means an unemancipated individual who is younger than 18 years old.

(b)"Online service provider" means an internet service provider, search engine, or cloud service provider, including an affiliate or subsidiary of an internet service provider, search engine, or cloud service provider.

(c)"Parent" means an individual who has a parent-child relationship, as defined in Section 81-5-102 , with the child.

(2)A person is not liable under this part if the person proves that disclosure of, or a threat to disclose, an intimate image was:

(a)made in good faith as part of:

(i)law enforcement activity;

(ii)a legal proceeding; or

(iii)medical education or treatment;

(b)made in good faith in the reporting or investigation of:

(i)unlawful conduct; or

(ii)unsolicited and unwelcome conduct;

(c)related to a matter of public concern or public interest; or

(d)reasonably intended to assist the depicted individual.

(3)Subject to Subsection

(4), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 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), the exception does not apply if the plaintiff proves the disclosure was:

(a)prohibited by law other than this part; or

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

(5)An online service provider is not liable under this part solely for providing access to, transmitting, downloading, storing, or connecting a user to an intimate image on the internet or on a facility, system, or network not under the online service provider's control if the online service provider did not create the intimate image.

(6)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.

Enacted by Chapter 288 , 2026 General Session