HB 2860
Permitting civil remedies for the unauthorized disclosure of intimate images
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a legal framework in West Virginia for individuals who have had intimate images disclosed without their consent. It allows victims to pursue civil remedies against those who intentionally or recklessly disclose or threaten to disclose such images. The bill includes provisions for defining key terms, outlining exceptions to liability (such as disclosures made to law enforcement or for medical purposes), protecting the privacy of plaintiffs, and establishing a statute of limitations for these types of claims. It also addresses potential remedies, including monetary damages and injunctive relief.
Key provisions
- Defines key terms such as ‘intimate image,’ ‘consent,’ and ‘harm.’
- Allows a depicted individual to sue for damages resulting from unauthorized disclosure or threatened disclosure of an intimate image.
- Creates exceptions to liability, including disclosures to law enforcement and for legitimate reporting of unlawful conduct.
- Provides for a statute of limitations of four years from the date of discovery or should have been discovered.
- Grants the possibility of attorney’s fees and costs to prevailing plaintiffs.
- Establishes a process for plaintiffs to request sealing of information to protect their privacy.
- Specifies remedies available to plaintiffs, including economic and noneconomic damages, statutory damages, and punitive damages.
- Addresses uniformity of application with other states’ laws regarding similar issues.
Who is affected
- Individuals whose intimate images are disclosed without their consent (depicted individuals)
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