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§ 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

In one sentenceThis section shields a defendant from liability if a disclosure was made in good faith for law enforcement, a legal proceeding, medical treatment or education, reporting unlawful or unwelcome conduct, a matter of public concern, or to assist the depicted individual, and gives parents a limited exception for disclosing images of their own children.

Full Text of § 25-3504

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(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.

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.

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: defenses to intimate image disclosure claimgood faith exception unauthorized disclosure actparent liability shield intimate image Nebraskapublic figure exception privacy act