Ark. Code § 16-129-104

Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-129-104 - Exceptions to liability
(a) In this section:
(1) "Child" means an unemancipated individual who is less than 18 years of age.
(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.
(b) A person is not liable under this chapter if the person proves that disclosure of an intimate image was:
(1) made in good faith in:
(A) law enforcement;
(B) a legal proceeding; or
(C) medical education or treatment;
(2) made in good faith in the reporting or investigation of:
(A) unlawful conduct; or
(B) unsolicited and unwelcome conduct;
(3) related to a matter of public concern or public interest; or
(4) reasonably intended to assist the depicted individual.
(c) Subject to subsection (d), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure of an intimate image, as defined in § 16-129-102(7)(A), of the child.
(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:
(1) prohibited by law other than this chapter; or
(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Ark. Code § 16-129-104

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.