Revenge Porn Laws in Virginia (2026): Your Rights and What to Do
Virginia was an early mover on this issue and remains one of the few states whose criminal statute expressly reaches AI-generated and digitally falsified images. The criminal penalty itself is moderate, a Class 1 misdemeanor, but the state pairs it with a straightforward civil claim that lets you sue for damages and legal costs without waiting for a prosecution.
Virginia at a Glance
- Statute
- Unlawful dissemination or sale of images of another — Va. Code § 18.2-386.2
- Criminal classification
- Class 1 misdemeanor
- Maximum penalty
- Up to 12 months in jail and a fine of up to $2,500
- Can you sue?
- Yes — Va. Code § 8.01-40.4
- Time limit to sue
- Generally two years under Va. Code § 8.01-243
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in Virginia?
Yes. Va. Code § 18.2-386.2 makes it unlawful to maliciously disseminate or sell any videographic or still image of another person who is totally nude, or in a state of undress exposing the genitals, pubic area, buttocks or female breast, where the person depicted is identifiable and the distributor knows or has reason to know they are not licensed to share it. Selling or offering the material for sale is covered as well as posting or sending it.
The statute reaches images 'created by any means whatsoever', wording added in 2019 so that fabricated and computer-generated images fall inside the offense rather than sitting in a gap. It also applies where the intent is to coerce, harass or intimidate the person depicted.
Virginia does require malice, so a purely accidental forward is unlikely to be charged. In practice, posting a former partner's private images publicly or sending them to their family, friends or employer is treated as exactly the kind of malicious dissemination the section was written for.
Penalties for Sharing Intimate Images in Virginia
A violation is a Class 1 misdemeanor, which carries up to 12 months in jail and a fine of up to $2,500. Where the material is disseminated through an interactive computer service, the statute allows venue in the jurisdiction where the person depicted resides, which makes it easier to bring a case locally rather than where the poster happens to live.
Charges rarely travel alone. Prosecutors commonly add computer harassment under § 18.2-152.7:1, stalking under § 18.2-60.3, or extortion where someone demands money or further images in exchange for silence. If images of a minor are involved, Virginia's child pornography offenses apply and those are felonies with far heavier sentences.
A protective order can also be sought where the person responsible is a current or former partner, and violating that order is a separate criminal matter.
Can I Sue Someone in Virginia?
Yes. Va. Code § 8.01-40.4 gives the person depicted a civil cause of action against anyone who violates § 18.2-386.2. You can recover compensatory damages, punitive damages, and reasonable attorney's fees and costs, and the court can grant injunctive relief requiring the material to be removed and not re-posted.
The civil claim runs independently of the criminal case. A prosecutor declining to charge does not stop you suing, and the civil standard of proof, the balance of probabilities, is lower than the criminal standard.
Most personal-injury style claims in Virginia must be filed within two years under Va. Code § 8.01-243, so take advice early. Where there is a signed agreement between you, a breach of contract claim can usually be brought alongside the statutory claim.
Does Virginia Cover Deepfakes and AI Images?
Yes, and this is where Virginia stands out. The 2019 amendment inserting 'created by any means whatsoever' into § 18.2-386.2 was passed specifically so that falsely created videographic or still images, including AI-generated nudes and face-swapped sexual content, are treated the same as real photographs.
That means a fabricated image of an identifiable Virginian can support a criminal charge and a civil claim under § 8.01-40.4. Separately, the federal TAKE IT DOWN Act requires covered platforms to remove reported nonconsensual intimate imagery, including digital forgeries, within 48 hours of a valid request.
What to Do Right Now If Your Images Were Shared in Virginia
- 1
Preserve the Evidence Before Reporting It
Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not assume a post will still be there tomorrow.
- 2
Use the Platform's Intimate-Image Report
Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.
- 3
Use StopNCII.org to Limit Re-Uploads
For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.
- 4
Report It in Virginia
Contact your local police department or the Commonwealth's Attorney for your city or county and refer to Va. Code § 18.2-386.2. Because the statute allows venue where you live when material is spread online, you can usually report locally. Mention any threats, stalking, extortion or hacking, as separate offenses may apply.
- 5
Get Advice About the Civil Claim
Ask a Virginia attorney about suing under Va. Code § 8.01-40.4, which allows compensatory and punitive damages plus attorney's fees, and about breach of any written agreement. The usual filing deadline is two years.
Be Safer With a Written NDA as Evidence
Most of Virginia's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementVirginia: Frequently Asked Questions
Is revenge porn a felony in Virginia?
Does Virginia law cover AI deepfake nudes?
Can I sue for revenge porn in Virginia?
Do I have to prove malice in Virginia?
Where do I report it if the person lives in another state?
Sources
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This page provides general information about Virginia law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Virginia. Last reviewed August 2026.