Civil action

(1) As used in this section: (a) "Harm" includes: (i) physical harm; (ii) economic harm; or (iii) emotional distress, whether or not accompanied by physical or economic harm. (b) "Private" means: (i) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (ii) made accessible through: (A) theft, bribery, extortion, fraud, false pretenses, or voyeurism; or (B) exceeding authorized access to an account, message, file, device, resource, or property. (2) Except as provided in Section 78B-6-2703, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a right of action against the person if the person knew: (a) the depicted individual did not consent to the disclosure; (b) the intimate image was private; and (c) the depicted individual was identifiable. (3) The following conduct by a depicted individual does not, by the conduct alone, establish that the individual consented to the disclosure of the intimate image that is the subject of an action under this part or that the individual lacked a reasonable expectation of privacy: (a) consent to creation of the image; or (b) previous consensual disclosure of the image. (4) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.