House Bill 5130 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 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 intentionally discloses or threatens to disclose an 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 identities 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 four-year statute of limitations for actions related to unauthorized disclosures and threats to disclose intimate images. The article emphasizes the need for uniformity in application and construction across states that enact similar laws 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