West Virginia § 55-20-4 Exceptions to liability

West Virginia Statutes

§ 55-20-4 — Exceptions to liability

West Virginia § 55-20-4

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 20CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES

This text of West Virginia § 55-20-4 (Exceptions to liability) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 55-20-4 (2026).

Text

(a)A person is not liable under this article if the person proves the disclosure of, or threat to disclose, an intimate image was:

(1)Made in good faith:

(A)To law enforcement;

(B)For a legal proceeding; or

(C)For medical education or treatment.

(2)Made in good faith in the reporting or investigation of:

(A)Unlawful conduct; or

(B)Unsolicited and unwelcome conduct.

(3)Related to a matter of public concern or public interest; or

(4)Reasonably intended to assist the depicted individual.

(b)Subject to this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this article for a disclosure or threatened disclosure of an intimate image, as defined in this article, of the child.

(c)If a defendant asserts an ex

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(a) A person is not liable under this article if the person proves the disclosure of, or threat to disclose, an intimate image was:

(1) Made in good faith:

(A) To law enforcement;

(B) For a legal proceeding; or

(C) For medical education or treatment.

(2) Made in good faith in the reporting or investigation of:

(A) Unlawful conduct; or

(B) Unsolicited and unwelcome conduct.

(3) Related to a matter of public concern or public interest; or

(4) Reasonably intended to assist the depicted individual.

(b) Subject to this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this article for a disclosure or threatened disclosure of an intimate image, as defined in this article, of the child.

(c) If a defendant asserts an exception to liability under §55-20-4(b) of this code, the exception does not apply if the plaintiff proves the disclosure was:

(1) Prohibited by law other than this article; or

(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(d) Disclosure of, or threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.