House Bill 2860 aims to establish civil remedies for the unauthorized disclosure of intimate images in West Virginia by adding a new article to the state's code. This article, titled the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, includes definitions for key terms such as "intimate image," "depicted individual," and "consent." It outlines the conditions under which a depicted individual can bring a civil action against a person who discloses or threatens to disclose their intimate image without consent, as well as exceptions to liability for certain disclosures, such as those made to law enforcement or in good faith reporting of unlawful conduct.
The bill also addresses the privacy of plaintiffs by allowing them to file motions to seal their identity in court proceedings. It provides for various remedies for prevailing plaintiffs, including economic and noneconomic damages, statutory damages, and attorney's fees. Additionally, it establishes a statute of limitations of four years for actions related to unauthorized disclosures or threats to disclose intimate images. The article emphasizes the need for uniformity in application and construction of the law across states and specifies that it will apply to causes of action accruing on or after its effective date.
Statutes affected: Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8, 55-22-9, 55-22-10