Ark. Code Ann. § 16-129-104: Exceptions to liability

(a) In this section: (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter. (b) A person is not liable under this chapter if the person proves that disclosure of 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), 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 of an intimate image, as defined in § 16-129-102(7)(A) , of the child. (d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this chapter; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

(a) In this section: (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(1) "Child" means an unemancipated individual who is less than 18 years of age.

(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(b) A person is not liable under this chapter if the person proves that disclosure of 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.

(1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment;

(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;

(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), 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 of an intimate image, as defined in § 16-129-102(7)(A) , of the child.

(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this chapter; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(1) prohibited by law other than this chapter; or

(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.