Exceptions to Liability

COL5/8/2020 CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019

(a)A person is not liable under this Chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:

(1)made in good faith in:

(A)law enforcement;

(B)a legal proceeding; or

(C)medical education or treatment; or

(2)made in good faith in the reporting or investigation of:

(A)unlawful conduct;

(B)unsolicited and unwelcome conduct; or

(C)a matter of public concern or public interest; or

(3)reasonably intended to assist the depicted individual.

(b)Subject to Subsection

(c)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 § 53102(i), of the child.

(c)If a defendant asserts an exception to liability under Subsection

(b)of this Section, the exception does not apply if the plaintiff proves the disclosure was:

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

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

(d)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.