§ 8.01-46.2.Civil action for dissemination of intimate images to another; penalty.
Chapter 3. Actions · Article 4. Defamation · Last amended 2022 · Last verified July 16, 2026
In one sentenceCreates a civil trespass-based remedy against anyone who knowingly sends an unsolicited intimate image electronically to another adult who has not consented to it or has expressly forbidden it, allowing recovery of actual damages or $500, whichever is greater, plus attorney fees, an injunction, and venue where the image was sent or received.
"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.
Plain-English Summary
Subsection A defines an “intimate image” as a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 or older in a state of undress exposing the human male or female genitals, and ties “electronic communication device” to the definition already used in § 18.2-190.1.
Subsection B addresses unwanted transmission rather than the creation or distribution covered elsewhere in this chapter: a person 18 or older who knowingly transmits an intimate image by computer or other electronic means to another person 18 or older, when that recipient has not consented to the use of the recipient’s device for receiving such material or has expressly forbidden it, has committed a trespass. The sender is liable to the recipient for actual damages or $500, whichever is greater, plus reasonable attorney fees and costs, and the court may enjoin further acts of this kind. These remedies are cumulative and do not restrict any remedy available under other law.
Subsection C excludes several categories from liability: an internet service provider, mobile data provider, or online or mobile application operator, to the extent it is merely transmitting, routing, or connecting communications initiated by or at the direction of another; a service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service; a health care provider transmitting an intimate image for a legitimate medical purpose; and commercial electronic mail as defined in § 18.2-152.2. Subsection D lets the recipient bring suit either where the image was transmitted from or where it was received or possessed.
Frequently Asked Questions
How is this section different from Virginia’s law against unlawfully creating or sharing intimate images of someone without consent?
This section addresses a different act — knowingly sending an unwanted intimate image to another person’s device — rather than creating an image of someone or distributing it to others without the depicted person’s consent.
What has to be true for a transmission to count as a “trespass” under this section?
The sender must be 18 or older, must knowingly transmit an intimate image electronically to another person 18 or older, and that recipient must not have consented to the use of the device for receiving such material, or must have expressly forbidden it.
What can a recipient recover under this section?
Actual damages or $500, whichever is greater, plus reasonable attorney fees and costs, and the court may also enjoin the defendant from further such acts.
Does this section apply to a doctor who sends a medical image electronically?
No. It does not apply to a health care provider transmitting an intimate image for a legitimate medical purpose.
Where can a recipient file suit under this section?
Venue may lie in the jurisdiction where the intimate image was transmitted from, or where it was received or possessed by the plaintiff.
Amendment History
2022, c. 523.
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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