Article 35: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act · Last amended 2025 · Last verified July 22, 2026
In one sentenceThis section creates the Act’s civil cause of action, letting an identifiable depicted individual who suffers harm sue anyone who intentionally discloses or threatens to disclose a private intimate image without consent, provided the person knew or recklessly disregarded the lack of consent, the image’s private nature, or the individual’s identifiability.
Full Text of § 25-3503
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(a) In this section:
(1) Harm includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(2) Private means:
(A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy;
(B) made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property; or
(C) created by means of computer generation or digital manipulation without the consent of the depicted individual.
(b) Except as otherwise provided in section 25-3504, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(1) the depicted individual did not consent to the disclosure;
(2) the intimate image was private; and
(3) the depicted individual was identifiable.
(c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act or that the individual lacked a reasonable expectation of privacy:
(1) consent to creation of the image; or (2) previous consensual disclosure of the image. (d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
Source
Laws 2019, LB680, § 3; Laws 2025, LB371, § 2.
Plain-English Summary
Section 25-3503 states the elements of the claim at the center of the Act. A depicted individual who is identifiable, and who suffers harm — physical, economic, or emotional distress, with or without accompanying physical or economic harm — has a cause of action against a person who intentionally discloses, or threatens to disclose, an intimate image that was private and disclosed without the depicted individual’s consent. The defendant must have known, or acted with reckless disregard for whether, the depicted individual did not consent, the image was private, and the individual was identifiable.
The section defines “private” three ways: the image was created or obtained under circumstances where the depicted individual had a reasonable expectation of privacy; it was made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, device, or file; or it was created through computer generation or digital manipulation without the depicted individual’s consent.
Two provisions guard against a defendant using prior conduct to argue away liability. Consenting to the image being created, or a previous consensual disclosure of that same image, does not by itself establish that the depicted individual consented to this disclosure or lacked a reasonable expectation of privacy. And a depicted individual who did not consent to the sexual conduct or exposure shown in the image keeps a reasonable expectation of privacy even if the image was captured in a public place.
Frequently Asked Questions
Who can bring a claim under this section?
A depicted individual who is identifiable and who suffers harm from a defendant’s intentional disclosure or threatened disclosure of a private intimate image made without the individual’s consent.
What does the plaintiff have to prove about the defendant’s state of mind?
That the defendant knew, or acted with reckless disregard for whether, the depicted individual did not consent to the disclosure, the image was private, and the individual was identifiable.
Does consenting to have the image taken mean the depicted individual also consented to it being shared?
No. The section states that consent to creation of the image, or a previous consensual disclosure of it, does not by itself establish consent to the disclosure at issue or show a lack of reasonable expectation of privacy.
Can an image taken in a public place still be considered private under this section?
Yes, if the depicted individual did not consent to the sexual conduct or the uncovering of the body part shown, the individual retains a reasonable expectation of privacy even though the image was captured in public.
What counts as “harm” for purposes of this claim?
Physical harm, economic harm, and emotional distress, whether or not the emotional distress is accompanied by physical or economic harm.
Are there any defenses to a claim brought under this section?
Yes. Section 25-3504 lists exceptions to liability, including good-faith disclosures related to law enforcement, legal proceedings, or matters of public concern, and a limited exception for parents disclosing images of their own children.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:cause of action unauthorized intimate image disclosurenonconsensual disclosure lawsuit elements Nebraskareasonable expectation of privacy intimate imageknew or reckless disregard intimate image act