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Current as of January 01, 2024 | Updated by FindLaw Staff
(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 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.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 25. Courts; Civil Procedure § 25-3504. Exceptions to liability - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-25-courts-civil-procedure/ne-rev-st-sect-25-3504/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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