Relating to civil remedies for the unauthorized disclosure of intimate images.

2026 Regular Session Introduced by J.B. Akers and 5 co-sponsors

The bill strengthens civil remedies by allowing identifiable victims to sue for intentional or reckless disclosure of private intimate images, including sexual extortion, with join

Chapter 94, Acts, Regular Session, 2026

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Summary of Bill HB 4842 (2026, West Virginia)

Main purpose and intent

This bill amends and reenacts provisions related to civil remedies for the unauthorized disclosure of intimate images.

It clarifies that the civil remedy framework applies to situations involving sexual extortion.

It establishes joint and several liability among liable parties and creates civil penalties.

Key provisions and changes

§55-20-3 Civil action (main provision)

A depicted individual who is identifiable and suffers harm from another person’s intentional disclosure or threatened disclosure of an intimate image that was private without consent may file a civil action against the disclosureist if the person knew or acted with reckless disregard for: 1) The depicted individual did not consent to the disclosure; 2) The intimate image was private; and 3) The depicted individual was identifiable.

Exceptions and clarifications (defense provisions)

Consent to the creation of the image or previous consensual disclosure of the image does not by itself establish consent to disclosure or negate a reasonable expectation of privacy.
Even if an image was created in a public place, the depicted individual retains a reasonable expectation of privacy regarding the sexual conduct or uncovering of body parts shown in the intimate image.

Application to sexual extortion

The protections of this article apply to individuals who violate provisions related to sexual extortion under §61-8B-6.

Liability

Individuals held liable under this article are jointly and severally liable with each other liable party.

Who/what is affected

Affected parties include:

Depicted individuals who are identifiable and harmed by the unauthorized disclosure or threatened disclosure of intimate images that were private.
Respondents/defendants who disclose or threaten to disclose intimate images in violation of the statute, including those engaging in sexual extortion.

The bill delineates standards for proving non-consent, privacy of the image, and identifiability, affecting how civil actions are evaluated in these cases.

Procedural and timeline aspects

Enactment and passage process

Introduced January 27, 2026; referred to the Judiciary.
Passed the Senate and House with amendments in March 2026; concurred between chambers.
Approved by the Governor and became law on April 1, 2026 (Chapter 94, Acts, Regular Session, 2026).

Effective scope

The act clarifies and integrates existing civil remedies with related criminal provisions on sexual extortion. It does not appear to introduce a new statute of limitations or procedural steps beyond aligning with civil action standards under the applicable code.

Practical impact

Strengthens civil remedies for victims of unauthorized intimate-image disclosures by confirming:

Intentional or recklessly caused disclosures are actionable.
The presence of consent to creation or prior disclosures does not automatically bar relief.
Privacy expectations remain intact even if images were created in public settings.

Encourages accountability for sexual extortion and related disclosure harms through joint and several liability and potential civil penalties.

If you’d like, I can extract exact procedural timelines, cross-reference related statutes (e.g., sexual extortion provisions), or provide a comparison with prior WV law on this topic.