Bill > HB5130

This bill, titled the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, establishes a legal framework for individuals to sue for damages when their private intimate images are shared without their consent. An "intimate image" is defined as a photograph or recording showing a person's genitals, pubic area, anus, female post-pubescent nipple, or a person engaging in sexual conduct, created or obtained under circumstances where there was a reasonable expectation of privacy, or obtained through illegal means. The bill allows a "depicted individual" (the person shown in the image) who suffers "harm" (physical, economic, or emotional distress) to file a civil action against a person who intentionally discloses or threatens to disclose such an image without consent, provided the discloser knew or recklessly disregarded that the individual did not consent, the image was private, and the individual was identifiable. Certain exceptions to liability exist, such as disclosures made to law enforcement, for legal proceedings, or in good faith for reporting unlawful or unwelcome conduct, though these exceptions do not apply if the disclosure was prohibited by other laws or made for sexual gratification or financial gain. The bill also includes provisions to protect the plaintiff's privacy during legal proceedings, outlines remedies including monetary damages (up to $10,000 in statutory damages per defendant), recovery of the defendant's profits, attorney fees, and injunctive relief, and sets a four-year statute of limitations for filing such actions, with special provisions for minors. The act is intended to be applied uniformly with similar laws in other states and is designed to be consistent with federal law, specifically the Communications Decency Act of 1996.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5130&year=2026&sessiontype=RS&btype=bill