House Bill 2860 aims to establish civil remedies for the unauthorized disclosure of intimate images in West Virginia by introducing a new article to the state's code. This article, titled the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, includes definitions of key terms such as "intimate image," "disclosure," and "harm." It outlines the conditions under which a depicted individual can bring a civil action against a person who intentionally discloses or threatens to disclose an intimate image without consent. The bill also specifies exceptions to liability, such as disclosures made to law enforcement or in good faith reporting of unlawful conduct.

Additionally, the bill addresses the privacy of plaintiffs by allowing them to file motions to seal their identity in court proceedings. It provides for various remedies, including economic and noneconomic damages, statutory damages, and attorney's fees for prevailing plaintiffs. A statute of limitations is established, allowing actions to be brought within four years of the discovery of the unauthorized disclosure or threat. The bill emphasizes the need for uniformity in application and construction across states and clarifies that it will not alter existing laws on sovereign immunity. The provisions of this article 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