Revenge Porn Laws in West Virginia (2026): Your Rights and What to Do
West Virginia criminalizes the nonconsensual disclosure of private intimate images and, like several neighbouring states, includes a civil remedy in the same statute so victims can sue for damages without waiting on a prosecution.
West Virginia at a Glance
- Statute
- Nonconsensual disclosure of private intimate images — W. Va. Code § 61-8-28a
- Criminal classification
- Misdemeanor; felony for a second or subsequent offense
- Maximum penalty
- Up to one year in jail and a $1,000 fine for a first offense; one to three years in prison and a fine up to $10,000 for a repeat offense
- Can you sue?
- Yes — W. Va. Code § 61-8-28a(g) (civil cause of action for nonconsensual disclosure of private intimate images)
- Time limit to sue
- Generally within two years under West Virginia's general personal-injury limitation period, W. Va. Code § 55-2-12
- Deepfakes / AI images
- Unclear
Is Revenge Porn Illegal in West Virginia?
Yes. W. Va. Code § 61-8-28a makes it unlawful to intentionally disclose a private intimate image of an identifiable adult without that person's consent, knowing or having reason to know the person expected the image to remain private, and either intending to harm, harass, intimidate, threaten, or coerce the person, or with reckless disregard for causing that harm.
A private intimate image includes depictions of nudity or sexual conduct obtained or created under circumstances giving rise to a reasonable expectation of privacy.
Disclose is defined broadly to include publishing, publicly displaying, distributing, delivering, circulating, or disseminating the image by any means, including electronic transmission.
Penalties for Sharing Intimate Images in West Virginia
A first offense is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
A second or subsequent conviction is a felony, carrying one to three years in prison and a fine of up to $10,000, reflecting the state's tougher stance on repeat offenders.
Additional charges can apply alongside § 61-8-28a, including harassment, stalking, and extortion where the disclosure is tied to threats or demands for money or further images, as well as separate and far more serious child pornography offenses where a minor is depicted.
Can I Sue Someone in West Virginia?
Yes. Section 61-8-28a itself creates a civil cause of action, letting a person whose private intimate image was disclosed without consent sue the discloser for compensatory and punitive damages, plus reasonable attorney's fees and costs.
This civil claim is independent of any criminal charge, so you can pursue it even if police decline to prosecute or a criminal case is still pending.
If a written agreement addressed how intimate images would be kept private between you, a breach of that agreement is further evidence there was no consent to share it, and can support an additional claim.
Does West Virginia Cover Deepfakes and AI Images?
Unclear. The statute is framed around disclosure of a genuine private intimate image of the identifiable person, and West Virginia has not clearly confirmed statewide coverage of purely AI-generated or digitally fabricated images that merely appear to depict someone.
Whatever the state-law position, the federal TAKE IT DOWN Act requires covered platforms to remove reported nonconsensual intimate images, including AI-generated forgeries, within 48 hours of a valid removal request.
What to Do Right Now If Your Images Were Shared in West Virginia
- 1
Preserve the Evidence Before Reporting It
Screenshot the post, account name, URL, and date and time, and save original files and messages somewhere the other person cannot access before you report anything.
- 2
Use the Platform's Intimate-Image Report
Use the platform's specific nonconsensual intimate imagery reporting tool, not a general complaint form, and keep confirmation emails or case numbers.
- 3
Use StopNCII.org to Limit Re-Uploads
StopNCII.org creates a hash of the image on your own device so participating platforms can block matching uploads without seeing the image. If you were under 18 when it was taken, use NCMEC's Take It Down service instead.
- 4
Report It in West Virginia
Contact your local police department or the West Virginia State Police and cite W. Va. Code § 61-8-28a. Flag any threats, extortion, or stalking so those separate charges can be pursued.
- 5
Get Advice About the Civil Claim
Ask a West Virginia attorney about the civil claim built into § 61-8-28a, and about any written agreement that shows there was no consent to disclose the images.
Be Safer With a Written NDA as Evidence
Most of West 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 agreementWest Virginia: Frequently Asked Questions
Is revenge porn a felony in West Virginia?
Does West Virginia law cover AI deepfake nudes?
Can I sue someone in West Virginia for sharing intimate images?
Do I have to prove they wanted to hurt me?
What if the image was taken without my knowledge?
Sources
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This page provides general information about West 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 West Virginia. Last reviewed August 2026.