HB2678: Unlawful dissemination or sale of images of another; penalty.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or
intimidate, maliciously disseminates or sells any videographic or still image
created by any means whatsoever that depicts another person who is totally nude,
or in a state of undress so as to expose the genitals, pubic area, buttocks, or
female breast, where such person knows or has reason to know that he is not
licensed or authorized to disseminate or sell such videographic or still image
is guilty of a Class 1 misdemeanor. However, if For purposes of this
subsection, "another person" includes a person whose image was used
in creating, adapting, or modifying a videographic or still image with the
intent to depict an actual person and who is recognizable as an actual person
by the person's face, likeness, or other distinguishing characteristic.
B. If a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. C. Venue for a prosecution under this section
may lie in the jurisdiction where the unlawful act occurs or where any
videographic or still image created by any means whatsoever is produced,
reproduced, found, stored, received, or possessed in violation of this section.
C. D. The provisions of this section shall not
preclude prosecution under any other statute.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever, including a falsely created videographic or still image, that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor. However, if a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.
C. The provisions of this section shall not preclude prosecution under any other statute.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or
intimidate, maliciously disseminates or sells any videographic or still image
created by any means whatsoever that depicts another person who is totally
nude, or in a state of undress so as to expose the genitals, pubic area,
buttocks, or female breast, where such person knows or has reason to know that
he is not licensed or authorized to disseminate or sell such videographic or
still image is guilty of a Class 1 misdemeanor. However, if For
purposes of this subsection, "another person" includes a person whose
image was used in creating, adapting, or modifying a videographic or still
image with the intent to depict an actual person and who is recognizable as an
actual person by the person's face, likeness, or other distinguishing
characteristic.
B. If a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. C. Venue for a prosecution under this section
may lie in the jurisdiction where the unlawful act occurs or where any
videographic or still image created by any means whatsoever is produced,
reproduced, found, stored, received, or possessed in violation of this section.
C. D. The provisions of this section shall not
preclude prosecution under any other statute.
HOUSE BILL NO. 2678
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever, including a falsely created videographic or still image, that depicts another person who is or appears to be totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor. However, if a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.
C. The provisions of this section shall not preclude prosecution under any other statute.