{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-40.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-40.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-40.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-40.4.html"}],"law_id":57913,"edition_id":1,"section_id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","history":"2017, c. 656.","full_text":"A\n\nAny person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.B\n\nNo action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.C\n\nNothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.","order_by":null,"text":{"0":{"id":212133,"text":"Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212134,"text":"No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212135,"text":"Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 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This law was first created in 2017. The record of its establishment is cataloged in chapter 656<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":79274,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","order_by":null,"url":"\/18.2-386.1\/"},{"id":69532,"section_number":"18.2-386.2","catch_line":"Unlawful dissemination or sale of images of another; penalty","order_by":null,"url":"\/18.2-386.2\/"}],"permalink":{"id":280749,"object_type":"law","relational_id":57913,"identifier":"8.01-40.4","token":"8.01\/3\/3\/8.01-40.4","url":"\/8.01-40.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","dublin_core":{"Title":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-40.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1<\/a> or 18.2-386.2<\/a>, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages<\/span>, punitive damages<\/span>, and reasonable attorney fees and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No action<\/span> shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1<\/a> or 18.2-386.2<\/a>, (ii) the date on which such person<\/span> attained 18 years of age, or (iii) the date on which such person<\/span> discovered or reasonably should have discovered the prohibited conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTION FOR UNLAWFUL CREATION OF IMAGE OF ANOTHER OR UNLAWFUL DISSEMINATION\nOR SALE OF IMAGES OF ANOTHER (\u00a7 8.01-40.4)\n\nA. Any person injured by an individual who engaged in conduct that is prohibited\nunder § 18.2-386.1 or 18.2-386.2, whether or not the individual has been\ncharged with or convicted of the alleged violation, may sue therefor and recover\ncompensatory damages, punitive damages, and reasonable attorney fees and costs.\n\nB. No action shall be commenced under this section more than two years after the\nlater of (i) the date of the last act in violation of § 18.2-386.1 or\n18.2-386.2, (ii) the date on which such person attained 18 years of age, or\n(iii) the date on which such person discovered or reasonably should have\ndiscovered the prohibited conduct.\n\nC. Nothing in this section shall be construed to impose liability on an\ninteractive computer service, as defined in 47 U.S.C. § 230(f), for content\nprovided by another person.\n\nHISTORY: 2017, c. 656.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}