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N.D. Cent. Code § 32-49-03

Exceptions to liability

1. As used in this section:

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

b. "Parent" means an individual recognized as a parent under a 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:

a. Made in good faith:

(1) By law enforcement;

(2) In a legal proceeding; or (3) For medical education or treatment;

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

(1) Unlawful conduct; or (2) 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 or legal guardian of a child is not liable under this chapter 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 chapter; or b. Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.