SB1210: Unlawful creation of image of another; civil action.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 8.01-40.4, relating to civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another.
[S 1210]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-40.4 as follows:

§ 8.01-40.4. Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another.

A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.

B. No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.

C. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.


SENATE BILL NO. 1210
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 20, 2017)
(Patron Prior to Substitute--Senator Wexton)
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.4, relating to civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-40.4 as follows:

§ 8.01-40.4. Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another.

A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.

B. No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.

C. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.


SENATE BILL NO. 1210
Senate Amendments in [ ] – February 2, 2017
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.4, relating to civil action for unlawful creation of image of another.
Patron Prior to Engrossment--Senator Wexton

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-40.4 as follows:

§ 8.01-40.4. Civil action for unlawful creation of image of another.

A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 [ or 18.2-386.2 ] , whether or not the individual has been charged with or convicted of the alleged violation, shall have a civil cause of action against the individual for the compensatory damages incurred by the person as a result of that conduct. If compensatory damages are awarded, the person may also be awarded punitive damages.

B. No action shall be commenced under this section more than two years after the later of (i) the date on which such person was no longer the subject of the most recent conduct prohibited under § 18.2-386.1 [ or 18.2-386.2  ] , (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.

SENATE BILL NO. 1210

Offered January 11, 2017
Prefiled January 10, 2017
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.4, relating to civil action for unlawful creation of image of another.
Patron-- Wexton

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-40.4 as follows:

§ 8.01-40.4. Civil action for unlawful creation of image of another.

A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1, whether or not the individual has been charged with or convicted of the alleged violation, shall have a civil cause of action against the individual for the compensatory damages incurred by the person as a result of that conduct. If compensatory damages are awarded, the person may also be awarded punitive damages.

B. No action shall be commenced under this section more than two years after the later of (i) the date on which such person was no longer the subject of the most recent conduct prohibited under § 18.2-386.1, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct.