659A.4  Exceptions to liability.
  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.
2021 Acts, ch 56, §4
Referred to in §659A.3