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2. Disclosures made in the public interest including, but not limited to, the reporting of unlawful <br /> conduct, or the lawful and common practices of law enforcement, criminal reporting, legal <br /> proceedings, or medical treatment. <br /> C. This section does not impose liability upon the following entities solely as a result of content <br /> provided by another person: <br /> 1. An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2); <br /> 2. A provider of public or private mobile service, as defined in section 13-214 of the public <br /> utilities act; or <br /> 3. A telecommunications network or broadband provider. <br /> D. It shall be an affirmative defense to a violation of this section that the defendant is a family <br /> member of a minor and did not intend any harm or harassment in disclosing the images of the <br /> minor to other family or friends of the defendant. This affirmative defense shall not apply to <br /> matters defined under RCW 9.68A.011. <br /> E. For purposes of this section: <br /> 1. "Disclosing" includes transferring,publishing, or disseminating, as well as making a digital <br /> depiction available for distribution or downloading through the facilities of a <br /> telecommunications network or through any other means of transferring computer programs or <br /> data to a computer; <br /> 2. "Intimate image" means any photograph, motion picture film, videotape, digital image, or any <br /> other recording or transmission of another person who is identifiable from the image itself or <br /> from information displayed with or otherwise connected to the image, and that was taken in a <br /> private setting, is not a matter of public concern, and depicts: <br /> a. Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; <br /> or <br /> b. A person's intimate body parts, whether nude or visible through less than opaque clothing, <br /> including the genitals, pubic area, anus, or post-pubescent female nipple. <br /> F. The crime of disclosing intimate images is a gross misdemeanor. <br /> G. Nothing in this section is construed to: <br /> 1. Alter or negate any rights, obligations, or immunities of an interactive service provider under <br /> 47 U.S.C. Sec. 230; or <br /> 2. Limit or preclude a plaintiff from securing or recovering any other available remedy. <br />