VIRGINIA, USA — Starting July 1, sending explicit images without the explicit consent of the receiver, so-called "cyberflashing," will be illegal in Virginia.
The bill was backed by the popular and self-described "women-first" dating app, Bumble. The company first got a similar bill passed in Texas and is working on legislation in California, Wisconsin, New York and Pennsylvania, according to a spokesperson.
Their efforts were inspired by a survey done by the company, in which nearly one out of every two women said they've received an unsolicited nude in their lifetime. Of those who had received a lewd image, nearly one out of three said it had been as recent as within the past month.
"It's demeaning, it's harassment," Sen. Jill Holtzman Vogel (R-Fauquier), one of the bill's sponsors, said. "If somebody walked up to a man or woman on the street and exposed themselves in an incredibly obscene way, that's not legal in Virginia. So how is [cyberflashing] any different?"
In the Commonwealth, victims will be able to sue violators, who could be liable "for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs," the bill states.
"I've got two daughters and their friends and they let me know that this is a very common occurrence," said Sen. Jennifer Boysko (D-Fairfax), another sponsor of the legislation, which was supported by members of both parties and passed both the House of Delegates and the Senate unanimously.
The bill also specifies the court may award punitive damages -- which are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful -- as well as take measures to restrict the perpetrator from committing the act in the future.
Sen. Jennifer McClellan (D-Richmond) was the chief patron of the bill.
"We are thrilled to have helped spearhead this monumental moment in Virginia," stated Payton Iheme, Bumble’s Head of Public Policy for the Americas. "Living in a digital-first world means that penalties don’t typically apply to ensure the safety and wellbeing of people online, and this bill is a step in that direction.”
Making or sending child porn is already a crime. But this law is different. "This is one adult sending an unsolicited picture to another adult," said Boysko.
The lawmakers wanted to make it clear that sending graphic images between consenting adults is still perfectly legal.
The bill provides only a civil penalty, not a criminal one. Victims would have to file a claim in court. Violations would not be handled by law enforcement.
In the United Kingdom, the government plans to make cyberflashing a criminal offense, punishable by up to two years in prison.