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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images

§55-20-1. Short Title

This article shall be known and may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

§55-20-10. Effective Date

This article shall apply to any cause of action, subject to this article, accruing on, or after, the effective date of the article.

§55-20-2. Definitions

For the purposes of this article: (1) “Child” means an unemancipated individual who is less than 18 years of age.

§55-20-3. Civil Action

(a) Except as otherwise provided in 55-20-4 of this code, a depicted individual who is identifiable and who suffers harm from a persons intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individuals consent has a cause of action against the person if the person knew or acted with […]

§55-20-4. Exceptions to Liability

(a) A person is not liable under this article if the person proves the disclosure of, or threat to disclose, an intimate image was: (1) Made in good faith:

§55-20-5. Plaintiff S Privacy

In an action under this article, a plaintiff may file a motion to seal with the initial pleading or any other motion as necessary to protect the identity and privacy of the plaintiff. The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

§55-20-6. Remedies

(a) In an action under this article, a prevailing plaintiff may recover: (1) The greater of:

§55-20-8. Construction

(a) This article shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C., Section 230. (b) This article may not be construed to alter the law of this state on sovereign immunity.