The Senate passed SB452 on Tuesday, a bill that would permit civil remedies for unauthorized disclosure of intimate images or video showing sexual organs or a person engaging in sexual contact when the image was created or obtained when the subject had a reasonable expectation of privacy.
A person whose private images have been shared, and who suffers harm from the action of the images’ disclosure without their consent could sue for the greater value of economic and non-economic damages or statutory damages up to $10,000. They could also receive an amount equal to any monetary gain made by the defendant from the disclosure of the image or video, as well as punitive damages.
The law creates exceptions for when the image or video is shared for law enforcement or legal purposes, for medical treatment or education, and if someone had good faith in reporting or investigating the matter.
Under the bill, lawsuits must be filed within four years of the incident and the victim’s identity can be sealed from the public record with a court order.
The legislation now heads to the House of Delegates for consideration.
The Senate is adjourned until tomorrow at 11 a.m.
Education will meet at 2 p.m. in 451M.
Government Organization will meet at 2 p.m. in 208W.
Finance will meet at 3 p.m. in 451M.
Judiciary will meet at 3 p.m. in 208W.
Workforce will meet tomorrow at 10 a.m. in 208W.
