25-3504. Exceptions to liability.(a) In this section:(1) Child means an unemancipated individual who is less than nineteen years of age.(2) Parent means an individual recognized as a parent under law of this state other than the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.(b) A person is not liable under the act if the person proves that disclosure of, or a threat to disclose, 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) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the act for a disclosure or threatened disclosure of an intimate image, as defined in subdivision (7)(A) of section 25-3502, of the child.(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if ate image, as defined in subdivision (7)(A) of section 25-3502, of the child.(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was:(1) prohibited by law other than the act; or(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.(e) 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.Source Laws 2019, LB680, § 4.
Nebraska Legal Code