Washington Code 7.110.030 – Exceptions to liability
Current as of: 2023 | Check for updates
|
Other versions
(1) For the purposes of this section:
Terms Used In Washington Code 7.110.030
- 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.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) “Child” means an unemancipated individual who is less than 18 years of age.
(b) “Parent” has the same meaning as provided in RCW 26.26A.010.
(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 in:
(i) Law enforcement activities;
(ii) A legal proceeding; or
(iii) Medical education or treatment;
(b) Made in good faith in the reporting or investigation of:
(i) Unlawful conduct; or
(ii) 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) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in RCW 7.110.010(7), of the child.
(4) If a defendant asserts an exception to liability under subsection (3) of this section, 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.
(5) 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.
[ 2023 c 65 § 4.]