“Intimate image”:
1. Except as otherwise provided in subsection 2, includes, without limitation:
(a) A photograph, film, videotape or other recorded image which depicts:
(1) The genitals, anus or fully exposed nipple of the female breast of another person, including through transparent clothing; or
(2) One or more persons engaged in sexual conduct; or
(b) A photorealistic image, digital image, computer image or computer-generated image that a reasonable person would believe depicts:
(1) The genitals, anus or fully exposed nipple of the female breast of another identifiable person; or
(2) One or more identifiable persons engaged in sexual conduct.
2. Does not include an image which would otherwise constitute an intimate image pursuant to subsection 1, but in which the person depicted in the image:
(a) Is not clearly identifiable; or
(b) Voluntarily exposed himself or herself in a public or commercial setting.