                                 CODE OF VIRGINIA

CIVIL ACTION FOR DISSEMINATION OF INTIMATE IMAGES TO ANOTHER; PENALTY (§
8.01-46.2)

A. As used in this section:
			&#8220;Electronic communication device&#8221; means the same as that term is
defined in &#xA7; 18.2-190.1.
			&#8220;Intimate image&#8221; 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. 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.
			The remedies provided by this section are cumulative and shall not be
construed as restricting a remedy that is available under any other law.

C. 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 &#xA7; 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 &#xA7; 18.2-152.2.

D. 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.

HISTORY: 2022, c. 523.