{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-46.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-46.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-46.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-46.2.html"}],"law_id":74317,"edition_id":1,"section_id":74317,"structure_id":15583,"section_number":"8.01-46.2","catch_line":"Civil action for dissemination of intimate images to another; penalty","history":"2022, c. 523.","full_text":"A\n\nAs used in this section:\n\t\t\t“Electronic communication device” means the same as that term is defined in § 18.2-190.1.\n\t\t\t“Intimate image” means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in a state of undress so as to expose the human male or female genitals.B\n\nAny person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.\n\t\t\tThe remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.C\n\nThe provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another; (ii) any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service; (iii) a health care provider as defined in § 8.01-581.1 that transmits an intimate image for a legitimate medical purpose; or (iv) any transmission of commercial electronic mail as defined in § 18.2-152.2.D\n\nVenue for an action under this section may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.","order_by":null,"text":{"0":{"id":267165,"text":"As used in this section:\n\t\t\t“Electronic communication device” means the same as that term is defined in § 18.2-190.1.\n\t\t\t“Intimate image” means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in a state of undress so as to expose the human male or female genitals.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267166,"text":"Any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.\n\t\t\tThe remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267167,"text":"The provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another; (ii) any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service; (iii) a health care provider as defined in § 8.01-581.1 that transmits an intimate image for a legitimate medical purpose; or (iv) any transmission of commercial electronic mail as defined in § 18.2-152.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":267168,"text":"Venue for an action under this section may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15583,"edition_id":1,"name":"Defamation","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:56:32","date_modified":"2026-06-26 03:56:32","permalink":{"id":280825,"object_type":"structure","relational_id":15583,"identifier":"4","token":"8.01\/3\/4","url":"\/8.01\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71678,"structure_id":15583,"section_number":"8.01-45","catch_line":"Action for insulting words","url":"\/8.01-45\/","token":"8.01\/3\/4\/8.01-45","metadata":false},{"id":59452,"structure_id":15583,"section_number":"8.01-46","catch_line":"Justification and mitigation of damages","url":"\/8.01-46\/","token":"8.01\/3\/4\/8.01-46","metadata":false},{"id":73041,"structure_id":15583,"section_number":"8.01-46.1","catch_line":"Disclosure of employment-related information; presumptions; causes of action; definitions","url":"\/8.01-46.1\/","token":"8.01\/3\/4\/8.01-46.1","metadata":false},{"id":74317,"structure_id":15583,"section_number":"8.01-46.2","catch_line":"Civil action for dissemination of intimate images to another; penalty","url":"\/8.01-46.2\/","token":"8.01\/3\/4\/8.01-46.2","metadata":false},{"id":65717,"structure_id":15583,"section_number":"8.01-47","catch_line":"Immunity of persons investigating or reporting certain incidents at schools","url":"\/8.01-47\/","token":"8.01\/3\/4\/8.01-47","metadata":false},{"id":83313,"structure_id":15583,"section_number":"8.01-48","catch_line":"Mitigation in actions against newspapers, etc","url":"\/8.01-48\/","token":"8.01\/3\/4\/8.01-48","metadata":false},{"id":85514,"structure_id":15583,"section_number":"8.01-49","catch_line":"Defamatory statements in radio and television broadcasts","url":"\/8.01-49\/","token":"8.01\/3\/4\/8.01-49","metadata":false},{"id":71411,"structure_id":15583,"section_number":"8.01-49.1","catch_line":"Liability for defamatory material on the Internet","url":"\/8.01-49.1\/","token":"8.01\/3\/4\/8.01-49.1","metadata":false}],"previous_section":{"id":73041,"structure_id":15583,"section_number":"8.01-46.1","catch_line":"Disclosure of employment-related information; presumptions; causes of action; definitions","url":"\/8.01-46.1\/","token":"8.01\/3\/4\/8.01-46.1","metadata":false},"next_section":{"id":65717,"structure_id":15583,"section_number":"8.01-47","catch_line":"Immunity of persons investigating or reporting certain incidents at schools","url":"\/8.01-47\/","token":"8.01\/3\/4\/8.01-47","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-46.2\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapter 523<\/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":66452,"section_number":"18.2-190.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-190.1\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280839,"object_type":"law","relational_id":74317,"identifier":"8.01-46.2","token":"8.01\/3\/4\/8.01-46.2","url":"\/8.01-46.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-46.2\/","token":"8.01\/3\/4\/8.01-46.2","dublin_core":{"Title":"Civil action for dissemination of intimate images to another; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-46.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Electronic communication device<\/span>” means the same as that term is defined in § 18.2-190.1<\/a>.\n\t\t\t“Intimate image<\/span>” means a photograph, film, video, recording, digital picture, or other visual reproduction of a person<\/span> 18 years of age or older who is in a state of undress so as to expose the human male or female genitals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> 18 years of age or older who knowingly transmits an intimate image<\/span> by computer or other electronic means to the computer or electronic communication device<\/span> of another person<\/span> 18 years of age or older when such other person<\/span> has not consented to the use of his computer or electronic communication device<\/span> for the receipt of such material<\/span> or has expressly forbidden the receipt of such material<\/span> shall be considered a trespass and shall be liable to the recipient of the intimate image<\/span> for actual damages<\/span> or $500, whichever is greater, in addition to reasonable attorney fees and costs. The court<\/span> may also enjoin and restrain the defendant<\/span> from committing such further acts.\n\t\t\tThe remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another; (ii) any service that transmits an intimate image<\/span>, including an on-demand, subscription, or advertising-supported service; (iii) a health care provider as defined in § 8.01-581.1<\/a> that transmits an intimate image<\/span> for a legitimate medical purpose; or (iv) any transmission of commercial electronic mail as defined in § 18.2-152.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Venue<\/span> for an action<\/span> under this section may lie in the jurisdiction<\/span> where the intimate image<\/span> is transmitted from or where the intimate image<\/span> is received or possessed by the plaintiff<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTION FOR DISSEMINATION OF INTIMATE IMAGES TO ANOTHER; PENALTY (\u00a7\n8.01-46.2)\n\nA. As used in this section:\n\t\t\t“Electronic communication device” means the same as that term is\ndefined in § 18.2-190.1.\n\t\t\t“Intimate image” means a photograph, film, video, recording,\ndigital picture, or other visual reproduction of a person 18 years of age or\nolder who is in a state of undress so as to expose the human male or female\ngenitals.\n\nB. Any person 18 years of age or older who knowingly transmits an intimate image\nby computer or other electronic means to the computer or electronic\ncommunication device of another person 18 years of age or older when such other\nperson has not consented to the use of his computer or electronic communication\ndevice for the receipt of such material or has expressly forbidden the receipt\nof such material shall be considered a trespass and shall be liable to the\nrecipient of the intimate image for actual damages or $500, whichever is\ngreater, in addition to reasonable attorney fees and costs. The court may also\nenjoin and restrain the defendant from committing such further acts.\n\t\t\tThe remedies provided by this section are cumulative and shall not be\nconstrued as restricting a remedy that is available under any other law.\n\nC. The provisions of this section shall not apply to (i) any Internet service\nprovider, mobile data provider, or operator of an online or mobile application,\nto the extent that such entity is transmitting, routing, or providing\nconnections for electronic communications initiated by or at the direction of\nanother; (ii) any service that transmits an intimate image, including an\non-demand, subscription, or advertising-supported service; (iii) a health care\nprovider as defined in § 8.01-581.1 that transmits an intimate image for a\nlegitimate medical purpose; or (iv) any transmission of commercial electronic\nmail as defined in § 18.2-152.2.\n\nD. Venue for an action under this section may lie in the jurisdiction where the\nintimate image is transmitted from or where the intimate image is received or\npossessed by the plaintiff.\n\nHISTORY: 2022, c. 523.","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}}