Revenge Porn Laws in West Virginia: What Victims Need to Know in 2026

What West Virginia Law Says

West Virginia addresses revenge porn under West Virginia Code Section 61-8-28a, titled "Nonconsensual disclosure of private intimate images." The law classifies the offense as a misdemeanor for a first offense.

A first offense carries penalties of up to one year in jail, a fine of $1,000 to $5,000, or both. A second or subsequent offense is a felony, punishable by up to 3 years in prison, a fine of $2,500 to $10,000, or both. West Virginia's penalty structure provides more serious consequences for repeat NCII offenders.

Review the statute at the West Virginia Legislature website.

What Counts as Revenge Porn in West Virginia

West Virginia's statute defines the offense through these elements. The content must be an image showing a person's intimate parts or the person engaged in sexually explicit conduct. The image was captured under circumstances where the depicted person had a reasonable expectation that it would not be publicly disclosed. The offender knowingly and intentionally disclosed, caused the disclosure of, or threatened to disclose the image. The offender acted with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. Images disclosed with the depicted person's prior written consent are excepted. Since a 2025 amendment, the law also covers fabricated intimate images made with artificial intelligence or other computer technology.

The law covers all distribution methods, including social media platforms like Reddit and Instagram, websites, messaging services, and email. West Virginia's law requires proof of that intent. A knowing disclosure without consent is not enough on its own.

How to Report

West Virginia victims should take these steps:

  1. Preserve all evidence — Screenshot images, save URLs, document account information, and keep all communications.
  2. File a police report — Contact your local police department, county sheriff, or the West Virginia State Police. Reference WV Code 61-8-28a.
  3. Contact the prosecuting attorney — Each county has a prosecuting attorney who handles criminal cases.
  4. Report to the FBI — File with the FBI IC3 for internet-based distribution.
  5. Seek a protective order — West Virginia courts can issue domestic violence and personal safety protective orders addressing harassment.

Limitations of Criminal Law

West Virginia's first-offense misdemeanor classification means lighter initial penalties. The criminal process takes time, and images remain online throughout proceedings. West Virginia's rural geography and limited law enforcement resources for digital crimes can delay investigations.

A conviction does not trigger automatic content removal from platforms. Identifying anonymous offenders and handling cross-jurisdictional distribution present significant challenges. However, the felony penalty for a second or subsequent offense provides a meaningful deterrent against repeat offenses.

Removing the Content

Content removal should be pursued immediately.

The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee.

StopNCII.org provides a hashing tool that participating platforms use to block intimate images.

IntimaShield offers professional NCII removal services managing removal requests across platforms and search engine de-indexing requests. Optional Shield monitoring is a separate subscription for twice-weekly name-and-handle searches.

See also: Virginia's revenge porn law for a neighboring state comparison.

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