N.D. Cent. Code § 32-49-03: Exceptions to liability

1.As used in this section:

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.