Iowa Code § 659A.4
Exceptions to liability
Redline — January 1, 2022 → current.View current text →
Current — January 1, 2023
As of January 1, 2022
1. As used in this section, unless the context otherwise requires:
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.
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.
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:
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:
a. Made in good faith in any of the following circumstances:
(1) Law enforcement.
(1) Law enforcement.
(2) A legal proceeding.
(2) A legal proceeding.
(3) Medical education or treatment.
(3) Medical education or treatment.
b. Made in good faith in the reporting or investigation of any of the following:
b. Made in good faith in the reporting or investigation of any of the following:
(1) Unlawful conduct.
(1) Unlawful conduct.
(2) Unsolicited and unwelcome conduct.
(2) Unsolicited and unwelcome conduct.
c. Related to a matter of public concern or public interest.
c. Related to a matter of public concern or public interest.
d. Reasonably intended to assist the depicted individual.
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.
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:
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.
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.
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.
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.
NEW section
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.