West Virginia Revenge Porn Laws

West Virginia

Nonconsensual disclosure of private intimate images – Misdemeanor or Felony for second offense

Title: 61-8-28a, Code of West Virginia

Status: In effect, as of July 7th, 2017

No person may knowingly and intentionally disclose, cause to be disclosed or threaten to disclose, with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce, an image of another which shows the intimate parts of the depicted person or shows the depicted person engaged in sexually explicit conduct which was captured under circumstances where the person depicted had a reasonable expectation that the image would not be publicly disclosed.

Repercussions:

A person convicted of a violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail up to 1 year, fined no less than $1,000 nor more than $5,000, or both confined and fined.
a person convicted of a second or subsequent violation is guilty of a felony and shall be imprisoned in a state correctional facility up to 3 years, fined no less than $2,500 nor more than $10,000, or both imprisoned and fined.

Does not apply to: images disclosed with the prior written consent of the person depicted, images of voluntary exposure in public or commercial settings, or disclosures made through the reporting of illegal conduct or lawful common practices of law or medical treatment.

(http://www.wvlegislature.gov/Bill_Text_HTML/2017_SESSIONS/RS/Bills/SB240%20SUB1%20enr.htm)