Revenge Porn Law Enacted in Washington State

Posted by Keith Hall | Aug 31, 2015 | 0 Comments

On September 26, 2015 a new law takes effect in the state of Washington, pertaining to publication of intimate images, otherwise known as "revenge porn".

Under the Revised Code of Washing, Chapter 4.24, a person will have a civil cause of action against those who intentionally and without consent, distribute, transmit, or otherwise make available intimate images of another person.  

Intimate images are any photo, film/video, or digital image that was taken in a private setting, and depicts sexual activity or intimate body parts.

The legislature has allowed persons who sue under this cause of action to do so confidentially.  They may sue for actual damages, including pain and suffering, emotional distress, economic damages, lost earnings, reasonable attorneys' fees, and costs. The court may also, in its discretion, award injunctive relief as it deems necessary.

Given the messy nature of break ups, and the digital age that we are living in, I predict there will be a number of these lawsuits filed against spouses and partners who have disclosed intimate images, taken of previous lovers.  

There was also a legislative push to criminalize this behavior as well, that did not pass in this year's legislation, but may at some later time.  

About the Author

Keith Hall

Keith is our firm's lead criminal defense attorney.

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