(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 s 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.Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Arkansas Legal Code