§ 13-21-1404. Exceptions to Liability – Definitions

1. In this section, unless the context otherwise requires:
   1. “Child” means an unemancipated individual who is less than eighteen years of age.
   2. “Parent” means an individual recognized as a parent under the law of this state other than this part 14.
2. A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was:
   1. Made in good faith in:
      1. Law enforcement;
      2. A legal proceeding; or
      3. Medical education or treatment; or
   2. Made in good faith in the reporting or investigation of:
      1. Unlawful conduct;
      2. Unsolicited and unwelcome conduct;
      3. Related to a matter of public concern or public interest; or
      4. Reasonably intended to assist the depicted individual.
3. Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 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) of this section, the exception does not apply if the plaintiff proves the disclosure was:
   1. Prohibited by law other than this part 14; or
   2. Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
5. 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: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 327, § 1, effective April 8.