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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-20-4. Exceptions to liability - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-55-actions-suits-and-arbitration-judicial-sale/wv-code-sect-55-20-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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