Privacy Law Library

Unlawful creation of image of another (voyeurism)

VA unlawful image creation

Other

Criminalizes secretly creating video or still images of a nonconsenting person who is nude, in undergarments, or partly undressed in places such as restrooms, dressing rooms, locker rooms, hotel rooms, and bedrooms, and upskirt-style images taken from beneath a person.

Where
Virginia
Citation
Va. Code § 18.2-386.1
Status
In force
In force since
1994-07-01
Last amended
2026-07-01
Enforced by
Criminal prosecution
People can sue
No
Penalties
Class 1 misdemeanor; Class 6 felony if the victim is under 18 or for certain repeat offenses (18.2-386.1(C)-(E)).
Applies to
  • Any person who knowingly and intentionally creates images of a nonconsenting person who is nude, in undergarments, or exposed, in a restroom, dressing room, locker room, hotel room, tanning booth, bedroom, or similar location, and upskirt-style images (18.2-386.1(A))

Practices it requires

  • Do not knowingly create images of a nonconsenting person who is nude, in undergarments, or exposed in a restroom, dressing room, locker room, hotel room, bedroom, or similar location, or by placing a lens beneath or between a person's legs.Va. Code § 18.2-386.1(A)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from Virginia's default July 1 date (1994, c. 640; latest amendment 2026, c. 539, not compared).

Research reference, not legal advice.