In 2014, Virginia became one of the first states in the United States to enact a law specifically targeting the disclosure of private images, commonly referred to as “revenge porn.” The law, codified as Virginia Statute § 8.01-40.4, makes it illegal to distribute or share sexually explicit images or videos of another person without their consent.
Under the law, it is a Class 1 misdemeanor to distribute, sell, or publish any image or video that shows an identifiable person engaging in sexually explicit conduct or nudity, and that was taken or distributed without the person’s consent. This includes images or videos that were taken in private settings, such as a bedroom or bathroom, or that were taken without the person’s knowledge or consent.
In addition to criminal penalties, victims of revenge porn can also seek civil damages from the person who distributed the images. This can include compensation for emotional distress, damage to reputation, and other related expenses.
It’s important to note that the law also provides for certain exceptions. For example, images or videos that were taken with the person’s consent, or that are distributed for legitimate purposes such as medical treatment or scientific research, are not covered under the law.
The law is designed to protect individuals from the harm caused by the distribution of private images, which can be devastating to a person’s reputation, personal and professional life, and can even lead to harassment, stalking, and other forms of abuse.
If you or someone you know is a victim of revenge porn, you should consult a lawyer who is experienced with these issues.
