West VirginiaPeople may sue over intimate images shared without consent
People harmed by intentional sharing or threatened sharing of private intimate images may bring a civil case when the accused knew or recklessly ignored key facts.
What it does
People harmed by intentional sharing or threatened sharing of a private intimate image may bring a civil case if the accused knew, or recklessly ignored, key facts about consent, privacy, and identity.
Creating an intimate image or sharing it consensually before does not, by itself, prove a person agreed to its later disclosure or gave up privacy.
If multiple defendants are found liable, each may be held responsible for the full amount owed under this law.
Argument forPeople harmed by nonconsensual image sharing may seek a civil remedy, and prior agreement to create the image or its creation in public does not by itself end their privacy claim.
Argument againstA defendant found liable could face responsibility for the full amount owed, even when other defendants also share liability.
More detail
An identifiable person harmed by an intentional disclosure or threatened disclosure may bring a civil case. This covers identifiable people harmed by disclosure or threatened disclosure of a private intimate image, including victims of sexual extortion or aggravated sexual extortion. The person accused must have known, or recklessly disregarded, that the depicted person did not consent, the image was private, and the person was identifiable. An exception in §55-20-4 applies. The law took effect June 12, 2026, 90 days after passage.
Agreeing to create an intimate image, or sharing it consensually before, does not by itself prove agreement to a later disclosure or loss of privacy. This applies in a civil case about disclosure of an intimate image. These facts alone do not prove consent to the disclosure or that the person lacked a reasonable expectation of privacy.
Each defendant found liable under this law is responsible for the full liability together with any other liable defendants. This covers each person found liable under this article and any other defendant found liable under it. This rule applies despite the general rule referenced in §55-7-13c.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 94, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and passed bill (Roll No. 674)
- Mar 14House received Senate message
- Mar 12Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 12Passed Senate (Roll No. 494)Passed Senate
- Mar 12Read 3rd timeMinor
- Mar 12On 3rd reading
- Mar 11Committee amendment adopted (Voice vote)
- Mar 11Read 2nd timeMinor
- Mar 11On 2nd reading
- Mar 10Read 1st timeMinor
- Mar 10Immediate consideration
- Mar 10Reported do pass, with amendmentMinor
- Feb 25To JudiciaryMinor
- Feb 25To JudiciaryMinor
- Feb 25Introduced in SenateMinor
- Feb 24Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 24Passed House (Roll No. 174)Passed House
- Feb 24Read 3rd timeMinor
- Feb 24On 3rd reading, Special Calendar
- Feb 23Read 2nd timeMinor
- Feb 23On 2nd reading, Special Calendar
- Feb 20Read 1st timeMinor
- Feb 20On 1st reading, Special Calendar
- Feb 19Do pass
- Feb 17Markup Discussion
- Feb 16To House JudiciaryMinor
- Feb 13Markup Discussion
- Feb 13To House Legal ServicesMinor
- Jan 27To House JudiciaryMinor
- Jan 27Introduced in HouseMinor
- Jan 27To JudiciaryMinor
- Jan 27Filed for introductionIntroduced
Civil Rights & Voting