West Virginia § 61-3C-14d Prohibiting public disclosure of personal information on the internet; penalties

West Virginia Statutes

§ 61-3C-14d — Prohibiting public disclosure of personal information on the internet; penalties

West Virginia·Ch. 61 CRIMES AND THEIR PUNISHMENT·Art. 3C WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT

(a)For purposes of this section: "Health care worker" means a person who is an employee of a health care entity, a subcontractor, or independent contractor for a health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse’s aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, any other person who provides direct patient care, first responder, or any person serving in a governance capacity of a health care entity; "Immediate family" means a health care worker's spouse, child, or parent or any other relative who lives in the same residence as the health care worker; "Personal information" means the home address, home telephone number, personal mobile telephone num

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(a) For purposes of this section:

"Health care worker" means a person who is an employee of a health care entity, a subcontractor, or independent contractor for a health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse’s aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, any other person who provides direct patient care, first responder, or any person serving in a governance capacity of a health care entity;

"Immediate family" means a health care worker's spouse, child, or parent or any other relative who lives in the same residence as the health care worker;

"Personal information" means the home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, or a personal photograph or video of a health care worker; directions to the home of a health care worker; or photographs or videos of the home or personal vehicle of a health care worker or the immediate family of a health care worker.

(b) A person who knowingly, willfully, and intentionally makes the personal information of a health care worker, or a health care worker’s immediate family, publicly available on the internet:

(1) With the intent to threaten, intimidate, or incite the commission of a crime of violence against that person; or

(2) With the intent and knowledge that the personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than six months, or both fined and confined. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.

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