(a) Except as otherwise provided in § 53104 of this Chapter, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:

(1) the depicted individual did not consent to the disclosure;

(2) the intimate image was private; and

(3) the depicted individual was identifiable.

(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of the action or that the individual lacked a reasonable expectation of privacy:

(1) consent to the creation of the image; or

(2) previous consensual disclosure of the image.

(c) A depicted individual who does not consent to sexual conduct or the uncovering of the part of the body depicted in the intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

(d) This Section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image, and a plaintiff may also bring any other available common law or statutory claims.