Your Legal Rights as an NCII Victim in West Virginia

West Virginia NCII Law Overview

Applicable statute: West Virginia Code § 61-8-28a (Non-Consensual Pornography)

Criminal penalty: Misdemeanor (up to 1 year in jail and $5,000 fine); felony for subsequent offenses

Civil remedies: actual damages and injunctive relief

West Virginia's NCII statute provides criminal penalties with escalating provisions for repeat offenders. The $5,000 fine provides meaningful deterrence at the misdemeanor level, with felony consequences for those who continue to violate victims' rights after a first conviction.

Your Rights in West Virginia

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal complaint
• Right to civil actual damages and injunctive relief

How to File in West Virginia

File a police report with local law enforcement or the West Virginia State Police. Civil claims are filed in Circuit Court.

Local Support Resources

• West Virginia Foundation for Rape Information and Services, fris.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to West 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.