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Intimate Images

W. Va. Code § 61-8-28a — sharing or threatening to share a private intimate image, real or made with AI

No one may knowingly disclose, or threaten to disclose, an image of another person's intimate parts or sexual conduct taken where they expected it would stay private, with intent to harass, intimidate, threaten, humiliate, embarrass or coerce.

  • W. Va. Code § 61-8-28a
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Fabricated images count. The same rule covers a fabricated intimate image, one created by artificial intelligence or other technology that shows an identifiable person.

  • W. Va. Code § 61-8-28a
ConvictionThe penalty
ConvictionFirstThe penaltyA misdemeanor, jail of not more than one year, a fine of not less than $1,000 nor more than $5,000, or both
ConvictionSecond or laterThe penaltyA felony, not more than three years, a fine of not less than $2,500 nor more than $10,000, or both
  • W. Va. Code § 61-8-28a

The section does not cover images shared with prior written consent, or reports of illegal conduct to police or in court. A particular case is a question for a licensed West Virginia attorney.

  • W. Va. Code § 61-8-28a
Sources for this section (1)
  1. W. Va. Code § 61-8-28a — Nonconsensual disclosure of private intimate images; definitions; and penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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