Virginia § 8.01-46.2 - Civil action for dissemination of intimate images to another; penalty
Full text of Virginia Code of Virginia § 8.01-46.2 — Civil action for dissemination of intimate images to another; penalty, with citation guidance and answers to common questions.
§ 8.01-46.2. Civil action for dissemination of intimate images to another; penalty
A. As used in this section:
"Electronic communication device" means the same as that term is defined in § 18.2-190.1.
"Intimate image" means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in a state of undress so as to expose the human male or female genitals.
B. Any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.
The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
C. The provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another; (ii) any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service; (iii) a health care provider as defined in § 8.01-581.1 that transmits an intimate image for a legitimate medical purpose; or (iv) any transmission of commercial electronic mail as defined in § 18.2-152.2.
D. Venue for an action under this section may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.
2022, c. 523.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 8.01-46.2
What does Code of Virginia § 8.01-46.2 cover?
Section 8.01-46.2 ("Civil action for dissemination of intimate images to another; penalty") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 8.01-46.2?
A common citation format is "Code of Virginia § 8.01-46.2" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 8.01-46.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.