{"data":{"id":"us-ar/ark.-code-ann.-16-129-104","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 16-129-104","heading":"Exceptions to liability","body":"(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.\n\n(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.\n\n(1) \"Child\" means an unemancipated individual who is less than 18 years of age.\n\n(2) \"Parent\" means an individual recognized as a parent under law of this state other than this chapter.\n\n(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.\n\n(1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment;\n\n(A) law enforcement;\n\n(B) a legal proceeding; or\n\n(C) medical education or treatment;\n\n(2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct;\n\n(A) unlawful conduct; or\n\n(B) unsolicited and unwelcome conduct;\n\n(3) related to a matter of public concern or public interest; or\n\n(4) reasonably intended to assist the depicted individual.\n\n(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.\n\n(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.\n\n(1) prohibited by law other than this chapter; or\n\n(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.\n\n(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.","path":["AR Code","Title 16","Chapter 129"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"944232c02a337988721ed088cf1b291caaa003b064045df432865a63ad6ebcc3","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-16-129-103","next":"us-ar/ark.-code-ann.-16-129-105"},"notice":"GroundRules: Original legal text. Not legal advice."}