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Iowa Code § 659A.4

Exceptions to liability

2021 Acts, ch 56, §4

1. As used in this section, unless the context otherwise requires:

a. “Child” means an unemancipated individual who is less than eighteen years of age.

b. “Parent” means an individual recognized as a parent under law of this state other than this chapter.

2. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was any of the following:

a. Made in good faith in any of the following circumstances:

(1) Law enforcement.

(2) A legal proceeding.

(3) Medical education or treatment.

b. Made in good faith in the reporting or investigation of any of the following:

(1) Unlawful conduct.

(2) Unsolicited and unwelcome conduct.

c. Related to a matter of public concern or public interest.

d. Reasonably intended to assist the depicted individual.

3. Subject to subsection 4, a defendant who is a person responsible for the care of a child as defined in section 232.68 is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in section 659A.2, subsection 7, paragraph “a”, 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 any of the following:

a. Prohibited by law other than this chapter.

b. Made for the purpose 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.

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.