Politics & Government

Bill Would Outlaw 'Revenge Porn' in Virginia

Bill would ban sharing nude or sexually explicit photos to harass or hurt someone.

A bill headed for the Virginia House of Delegates would outlaw so-called "revenge porn" as the Legislature joins a growing list of state governments seeking to curtail "substantial emotional distress" from explicit photos and videos.

So far, only New Jersey and California have outlawed the practice. But lawmakers in Maryland, Florida, Wisconsin, New York and Texas are now considering the matter, and at least three others may follow suit, according to Politico.

House Bill 49, pre-filed on Tuesday, would make it a Class 1 misdemeanor for anyone in Virginia to share or sell nude or sexually explicit photos or videos of another person with the intent to cause "substantial emotional distress."

Find out what's happening in McLeanwith free, real-time updates from Patch.

Conviction would carry a penalty of up to a year in jail, up to a $2,500 fine, or both.

"It's probably enough to get somebody who is feeling hurt or vindictive to think twice about it," state Del.-elect Marcus Simon, who filed the bill, told Patch. Simon's district includes much of Falls Church, along with the Pimmit Hills and Merrifield areas of Fairfax County.

Find out what's happening in McLeanwith free, real-time updates from Patch.

The idea is to curb the use of images or videos taken during a romantic relationship to harass someone after the relationship has ended, particularly online. The practice is sometimes defended as speech protected by the First Amendment.

Specifically, Simon's bill would prohibit someone from disseminating or selling "any videotape, photograph, film, or other videographic or still image created by any means, or any reproduction of such videotape, photograph, film, or image, that depicts another person who is totally nude, in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, or engaged in sexual conduct…"

Certain revenge porn websites invite exes to upload those images. Posts can include personal information like someone's address or links to their social media accounts, Simon said.

"It's a problem here in Virginia," he said.

Simon said his bill isn't designed to punish someone who carelessly publishes explicit images. The key to the law is proving intent.

Simon, a Democrat, was elected in November and will succeed retiring Del. Jim Scott.

Do you know someone who has been the victim of revenge porn? Share your thoughts in the comments below.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here