Guam § 53104 - Exceptions to Liability.

§ 53104. Exceptions to Liability.

COL5/8/2020

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.