§ 25-3504.Exceptions to liability.
Article 35: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act · Last amended 2019 · Last verified July 22, 2026
Full Text of § 25-3504
Source
Laws 2019, LB680, § 4.
Plain-English Summary
Section 25-3504 lists the circumstances in which a person is not liable under the Act, even though a disclosure or threatened disclosure occurred. A defendant escapes liability by proving the disclosure was made in good faith in law enforcement, a legal proceeding, or medical education or treatment; in the good-faith reporting or investigation of unlawful conduct or of unsolicited and unwelcome conduct; related to a matter of public concern or public interest; or reasonably intended to assist the depicted individual. The section is specific that being a public figure does not, by itself, turn a disclosure into a matter of public concern or public interest.
A separate exception applies to parents, legal guardians, or individuals with legal custody of a child, who are not liable under the Act for disclosing or threatening to disclose an intimate image of that child, as the Act defines that category of image. That exception has its own limit: it does not apply if the plaintiff proves the disclosure was prohibited by some other law, or was made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
Frequently Asked Questions
What good-faith reasons can excuse a disclosure under this section?
Good-faith disclosure in law enforcement, a legal proceeding, medical education or treatment, reporting or investigating unlawful or unwelcome conduct, a matter of public concern or public interest, or a disclosure reasonably intended to assist the depicted individual.
Does being a public figure protect someone who discloses an intimate image of that figure?
No. The section specifically states that a disclosure is not a matter of public concern or public interest solely because the depicted individual is a public figure.
Can a parent share an intimate image of their own child without liability under the Act?
A parent, legal guardian, or individual with legal custody of a child is generally not liable for disclosing or threatening to disclose that kind of image of the child, subject to the exception described below.
When does that parental exception not apply?
It does not apply if the plaintiff proves the disclosure was prohibited by some other law, or was made for sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
Who has the burden of proving an exception applies?
The defendant asserting the exception must prove it; where the parental exception is asserted, the plaintiff can defeat it by proving one of the two disqualifying purposes or an independent legal prohibition.