HB 5130
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 engage in unauthorized disclosure or threatened disclosure, defining key terms like ‘intimate image’ and ‘private.’ The bill includes exceptions for law enforcement, reporting unlawful conduct, and parental liability, and establishes a statute of limitations for such claims.
Key provisions
- Defines key terms such as ‘intimate image,’ ‘consent,’ and ‘private’ to clarify the scope of the law.
- Allows depicted individuals to sue for harm caused by unauthorized disclosure or threatened disclosure of intimate images.
- Provides exceptions to liability for disclosures made to law enforcement, for reporting unlawful conduct, and for parental disclosures.
- Establishes a four-year statute of limitations for filing claims.
- Grants prevailing plaintiffs the possibility of recovering economic and noneconomic damages, statutory damages, and punitive damages.
- Allows plaintiffs to request that their identity be protected in court proceedings.
- Specifies that a depicted individual retains a reasonable expectation of privacy even if the image was created in a public place.
- Requires a depicted individual to be at least 18 years old to file a claim.
Who is affected
- Individuals whose intimate images are disclosed without their consent.
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