Virginia NCII Law Overview

Applicable statute: Virginia Code § 18.2-386.2 (Unlawful Dissemination or Sale of Images of Another)

Criminal penalty: Class 1 misdemeanor (up to 12 months in jail and $2,500 fine); Class 6 felony for subsequent offenses

Civil remedies: actual damages, injunctive relief, and attorney fees under the Virginia Consumer Protection Act for certain cases

Virginia enacted one of the country's first NCII statutes and has continued to update it to address new forms of abuse including deepfakes. Virginia Code § 18.2-386.2 covers both the dissemination and sale of intimate images without consent, recognizing that commercial exploitation of NCII is a distinct and particularly harmful form of the violation.

Virginia's civil damages framework allows victims to recover actual damages and attorney fees, making civil litigation a viable option even when quantifiable financial harm is limited. The attorney fee provision is particularly important as it makes it economically feasible for attorneys to take NCII cases on contingency.

Your Rights in Virginia

How to File in Virginia

File a police report with local law enforcement or the Virginia State Police. The Virginia Attorney General's Office handles consumer protection aspects. Civil actions are filed in Circuit Court.

Local Support Resources

Federal Rights Under the TAKE IT DOWN Act

In addition to Virginia state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.