(4) (a) This section does not apply to an Internet service provider, as defined in Section 76-10-1230,
if:
(i) the distribution of an intimate image by the Internet service provider occurs only incidentally
through the Internet service provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the Internet service provider does not intentionally aid or abet in the distribution of an
intimate image; and
(iii) the Internet service provider does not knowingly receive funds from or through a person who
distributes an intimate image in exchange for permitting the person to distribute an intimate image.
(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
(i) the distribution of an intimate image by the hosting company occurs only incidentally through
the hosting company's function of providing data storage space or data caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of an
intimate image; and
(iii) the hosting company does not knowingly receive funds from or through a person who
distributes an intimate image in exchange for permitting the person to distribute, store, or cache an
intimate image.
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(5) Distribution of an intimate image is a third degree felony.
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