Bill Text: VA SB1736 | 2019 | Regular Session | Chaptered
Bill Title: Unlawful dissemination or sale of images of another person; penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-03-18 - Governor: Acts of Assembly Chapter text (CHAP0515) [SB1736 Detail]
Download: Virginia-2019-SB1736-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or
intimidate, maliciously disseminates or sells any videographic or still image
created by any means whatsoever that depicts another person who is totally
nude, or in a state of undress so as to expose the genitals, pubic area,
buttocks, or female breast, where such person knows or has reason to know that
he is not licensed or authorized to disseminate or sell such videographic or
still image is guilty of a Class 1 misdemeanor. However, if For
purposes of this subsection, "another person" includes a person whose
image was used in creating, adapting, or modifying a videographic or still
image with the intent to depict an actual person and who is recognizable as an
actual person by the person's face, likeness, or other distinguishing
characteristic.
B. If a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. C. Venue for a prosecution under this section
may lie in the jurisdiction where the unlawful act occurs or where any
videographic or still image created by any means whatsoever is produced,
reproduced, found, stored, received, or possessed in violation of this section.
C. D. The provisions of this section shall not
preclude prosecution under any other statute.
