Iowa Code 659A.4 – Exceptions to liability
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Terms Used In Iowa Code 659A.4
- Child: includes child by adoption. See Iowa Code 4.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
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 § 232.68 is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 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
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 § 232.68 is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 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