A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.
§ 8.01-40.4.Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2017 · Last verified July 16, 2026
In one sentenceCreates a civil action against anyone who unlawfully creates or disseminates images of another, letting the injured person recover compensatory and punitive damages plus attorney fees regardless of any criminal charge or conviction, with a two-year deadline running from the later of the last violation, the victim turning 18, or discovery of the conduct.
Full Text of § 8.01-40.4
B. No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.
C. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.
Plain-English Summary
Subsection A creates a civil companion to Virginia’s criminal statutes against unlawfully creating or disseminating or selling images of another, §§ 18.2-386.1 and 18.2-386.2. Anyone injured by a person who engaged in conduct those statutes prohibit may sue for compensatory damages, punitive damages, and reasonable attorney fees and costs, whether or not the person who engaged in the conduct has ever been charged with or convicted of the violation.
Subsection B sets a two-year limitations period that runs from the later of three triggers: the date of the last violating act, the date the injured person turned 18, or the date the person discovered or reasonably should have discovered the prohibited conduct. That structure gives someone victimized as a minor a full two years after reaching adulthood, or after discovering the conduct, whichever comes later.
Subsection C excludes an interactive computer service, as federal law defines the term, from liability for content another person provided.
Frequently Asked Questions
Do I need the person to be criminally charged before I can sue them under this section?
No. The civil action applies whether or not the individual has been charged with or convicted of the alleged violation.
What can I recover if I win a case under this section?
Compensatory damages, punitive damages, and reasonable attorney fees and costs.
How is the two-year deadline calculated if the victim was a minor when the images were created?
The two years run from the later of the last violating act, the date the person turned 18, or the date the person discovered or reasonably should have discovered the conduct — so a minor victim gets the benefit of whichever trigger comes latest.
What if I did not discover the images until years after they were created?
The two-year period can run from your discovery, or the date you reasonably should have discovered the conduct, if that date is later than the date of the last violation or your eighteenth birthday.
Can I sue a website or app that just hosted images someone else posted?
Not under this section. It does not impose liability on an interactive computer service, as federal law defines the term, for content provided by another person.
Amendment History
2017, c. 656.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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