21-67-4. Exceptions to liability.(a)In this section:(1)'Child' means an unemancipated individual who is less than eighteen 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, 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), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in §21-67-2, 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 ability 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, 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: SL 2020, ch 77, § 4.
South Dakota Legal Code