Virginia Code § 18.2-386.2 criminalizes the malicious dissemination or sale of nude or obscene images of another person without authorization, with penalties of a Class 1 misdemeanor. The law also clarifies the responsibilities of internet service providers and specifies venue for prosecution. It aims to protect individuals from non-consensual image sharing and related harassment.
The law covers videographic or still images depicting a person who is nude, in a state of undress exposing genitals or female breasts, or obscene images as defined by law.
Violators guilty of unlawfully disseminating or selling such images face a Class 1 misdemeanor, which can include fines and jail time.
No, providers are not responsible for content created or shared by users, as long as they do not knowingly facilitate the violation.
Prosecutions can be filed in the jurisdiction where the unlawful act occurred or where the images are stored, produced, or received.