SB 493 — Sexually explicit visual material to another; civil action for dissemination of images, penalty.
Last action — Approved by Governor-Chapter 523 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Civil action for the dissemination of sexually explicit visual material to another. Provides that any person 18 years of age or older who knowingly transmits an intimate image, as defined in the bill, by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
Bill Text
What changed in the latest version
31 added · 31 removedPlain-language change summary
The recent amendment to Bill SB 493 introduces a new section to the Virginia Code that addresses the issue of non-consensual sharing of intimate images. It specifies that individuals who knowingly send intimate images to someone without their consent can be held liable for damages, with a minimum penalty of $500, plus legal fees. This change is significant because it provides victims with a clearer path to seek justice and compensation for this form of digital harassment, reinforcing the importance of consent in electronic communications.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E523 An Act to amend the Code of Virginia by adding a section numbered 8.01-46.2, relating to civil action for the dissemination of sexually explicit visual material to another;
R [S 493] O Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E§ A.8.01-46.2.
AsCivil usedaction infor this section:or dissemination of intimate images to another;
DA. "Electronic communication device" means the same as that term is defined in § 18.2-190.1.
"IntimateAs image"used means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in athis statesection: of undress so as to expose the human male or female genitals.
other"Electronic electronic means to the computer or electronic communication devicedevice" ofmeans another person 18 years of age or older when such other person has not consented to the usesame ofas histhat computerterm or electronSc communication device for the receipt of such material or has expressly forbidden the receipt of4such material shall be considered a trespass and shall be liable to the recipient of the intimate im3ge for actual damages or $500, whichever is greater,defined in addition§ to18.2-190.1. reasonable attorney fees and costsR The couThe remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
"Intimate image" means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in a state of undress so as to expose the humB.
Any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
The court may also enjoin and restrain the defendant from committing such further acts.
The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.
The provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of advertising-supportedanother; service;
(ii) any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service;
View plain text versions (4)
- CHAP0523 View text Current pdf April 11, 2022
- SB493ER View text pdf March 08, 2022
- Committee Substitute Committee substitute printed 22106186D-S1 pdf February 09, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22102813D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 523 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB493ER)
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Signed by Speaker
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Signed by President
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Enrolled
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House amendment agreed to by Senate (40-Y 0-N)
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VOTE: Block Vote Passage (100-Y 0-N)
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Passed House with amendment BLOCK VOTE (100-Y 0-N)
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Engrossed by House as amended
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Committee amendment agreed to
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Read third time
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Read second time
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Reported from Courts of Justice with amendment(s) (20-Y 0-N)
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Subcommittee recommends reporting with amendments (8-Y 0-N)
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Assigned Courts sub: Subcommittee #2
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB493S1
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Committee substitute agreed to 22106186D-S1
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Reading of substitute waived
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Read second time
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Impact statement from DPB (SB493S1)
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106186D-S1
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Reported from Judiciary with substitute (13-Y 1-N)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Impact statement from DPB (SB493)
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Assigned Judiciary sub: Criminal Law
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22102813D
Sponsors
- Jennifer L. McClellan · Primary
- Jennifer B. Boysko · Cosponsor
- Betsy B. Carr · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Kelly K. Convirs-Fowler · Cosponsor
- Jill Holtzman Vogel · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on
Sponsors (1)
- Jennifer L. McClellan
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Not Voting |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Terry G. Kilgore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 1 | 0 | 0 |
| Total | 13 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Nay |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 493 do?
- Civil action for the dissemination of sexually explicit visual material to another. Provides that any person 18 years of age or older who knowingly transmits an intimate image, as defined in the bill, by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
- Who sponsors SB 493?
- SB 493 is sponsored by Jennifer L. McClellan, Jennifer B. Boysko, Betsy B. Carr, Ghazala F. Hashmi, Convirs-Fowler, Kelly K., and Vogel, Jill Holtzman.
- What is the current status of SB 493?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 493?
- Track SB 493 free on One Click Politics — get push/email alerts when it moves.
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