West Virginia Code 55-20-4 – Exceptions to liability
(a) A person is not liable under this article if the person proves the disclosure of, or threat to disclose, an intimate image was:
Terms Used In West Virginia Code 55-20-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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.