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Revenge Porn Law Has Expanded to Include Deepfakes

Posted by Anna Chludzinski | Jul 12, 2019 | 0 Comments

As of July 1, 2019 Virginia officially expanded its revenge porn law to include ‘deepfakes.' The amendment makes Virginia one of the first states in the country with a law covering deepfakes. 

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Deepfakes are computer generated, fabricated, or manipulated videos or images. Creators often implant unsuspecting women's faces onto pornographic images or videos, making them victims of nonconsensual pornography or “revenge porn.”   

Virginia has had a revenge porn law on the books since 2014 but it did not properly cover fabricated images and videos - an act that has begun popping up with increasing regularity thanks to advances in software.

Virginia's original 2014 law criminalized the dissemination of nude images or video done “with the intent to coerce, harass, or intimidate” another person. The new amendment now makes it illegal to share nude photos or videos of someone without their permission whether real or fake. This includes all types of photoshopped images and fake footage - not just the more advanced, realistic, and harder to spot deepfake imagery.

“For purposes of this subsection, "another person" includes a person whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic.” Virginia Code Section 18.2-386.2

Violating this law is a Class 1 misdemeanor, which carries a possible punishment of up to 12 months in jail and a fine up to $2,500.

If you or someone you know is unsure about their rights regarding this issue call our office today to schedule a free confidential consultation.  

About the Author

Anna Chludzinski

Anna Chludzinski has spent the entirety of her legal career as a trial attorney and continues this work as a founding partner at Chludzinski & Mitchell, PLLC. Anna has extensive experience in all areas of criminal litigation and is passionate about using that experience to defend her clients ...

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