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7.110.020  <<  7.110.030 >>   7.110.040

Exceptions to liability.

*** CHANGE IN 2024 *** (SEE 1999-S.SL) ***
(1) For the purposes of this section:
(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.
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