Yes, a lot of reasonableness. But a person sharing a nude pic with a lover or polycule/private group in itself does not operate as consent to that person or those people further disseminating the picture. The presumption is that things shared privately are intended to be private. It's a high hill to claim, absent a clear statement otherwise, to suggest he shouldn't reasonably have known she didn't consent to him sending it around, and also that it wasn't reasonable for him to believe she had a reasonable expectation of privacy about private pictures made or shared privately.
Statute:
As the statute you cite states, no such "presumption" exists for either of those two elements. Instead, it is a necessary element
which must be proven that Aaron knew or should have known that there was an expectation of privacy. Same for the other element.
The parameters of the swinging relationship between the Rekietas and Imholtes
will need to be defined in some detail in order to prove those two elements.
It also means that Aaron could potentially claim that Nick and Kayla's long-standing public reputation as exhibitionist nudist swingers is relevant. Remember, Aaron has already said he knew about their "reputation" before the wife swapping ever happened.
A polycule or swinging group, as ick as it is, is still an intimate relationship. It's never been suggested, even by Aaron, that the ethos of the thing was a total free-for-all, spread my personal bits around to anyone and everyone. Maybe that will come out, but none of them have acted in any way to suggest that. Very much the opposite.
Maybe! The parameters of the relationship have to be established.
Again, my point isn't whether Aaron is guilty or not under the statute.
My point is, in order to find Aaron guilty, all sorts of lurid claims of the sort Nick and Kayla Rekieta denied for years will have to be shown to be real, potentially via their own testimony to the contrary of what they insisted forever.
It's not what a random "reasonable person" would believe. It's about this person and that person.
I was jumping to the negligence part ("reasonably should have known") because obviously everyone involved in this sordid drama is a stupid, drug-addled, insane asshole; trying to understand their thought process is a waste of time.