North Dakota Code 32-49-03 – Exceptions to liability
1. As used in this section:
Terms Used In North Dakota Code 32-49-03
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. “Child” means an unemancipated individual who is less than eighteen years of age.
b. “Parent” means an individual recognized as a parent under a law of this state other than this chapter.
2. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:
a. Made in good faith:
(1) By law enforcement; (2) In a legal proceeding; or
(3) For medical education or treatment; b. Made in good faith in the reporting or investigation of: (1) Unlawful conduct; or
(2) Unsolicited and unwelcome conduct; c. Related to a matter of public concern or public interest; or d. Reasonably intended to assist the depicted individual.
3. Subject to subsection 4, a defendant who is a parent or legal guardian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image of the child.
4. If a defendant asserts an exception to liability under subsection 3, the exception does not apply if the plaintiff proves the disclosure was:
a. Prohibited by law other than this chapter; or
b. Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.