Bill > HB2654

This bill modifies Virginia's law on unlawful dissemination of intimate images by creating a tiered penalty system for sharing private, sexually explicit images without consent. The bill defines an "intimate image" as a video or photo depicting a person who is nude, partially undressed, or in an obscene state, and expands the definition to include images created through machine learning or computer-generated techniques that make a person recognizable. The legislation establishes different levels of criminal offense based on the intent and circumstances of the image's dissemination: a first-time offense is a Class 1 misdemeanor, a second offense becomes a Class 6 felony, and offenses committed with malicious intent or for financial gain can be classified as Class 6 or Class 5 felonies. The bill also includes a specific enhanced penalty (Class 4 felony) if the offense targets someone based on protected characteristics like race, gender, or sexual orientation. Importantly, the law clarifies that previous consent to create an image or initial sharing does not imply consent for further distribution. The bill also protects internet service providers from liability for content shared by users and specifies that prosecutions for such offenses can be initiated in various jurisdictions where the victim resides, the act occurred, or the image was produced or stored.

Justice

https://lis.virginia.gov/bill-details/20251/HB2654