Blog, Invasion of Privacy

Invasion of Privacy is Only a Misdemeanor in the State of West Virginia

On This Page
On This Page
Photographer taking pictures of people and invading their privacy.

Invasion of privacy in the State of West Virginia is only a misdemeanor.  West Virginia code §61-8-28 states, “It is unlawful for a person to knowingly visually portray another person without that other person’s knowledge, while that other person is fully or partially nude and is in a place where a reasonable person would have an expectation of privacy.”   Even the federal Video Voyeurism Prevention Act of 2004 only provides for a misdemeanor.

What happens if someone violates the invasion of privacy law?  They get, at maximum, one year in a county or regional jail and/or fined – at most – $5,000.   The only time breaking this law becomes a felony is if the ‘pervert’ is a repeat offender.  Even then, the maximum time served is five years and the fine is at maximum $10,000.

So what can you do if you have been a victim of a ‘pervert’ that secretly records/photographs you when you think you are in private? (The private location could even be the bathroom in your own home.)  What options do you have if the criminal justice system lets you down?

The only recourse you may have is to file a civil action in Court.  Thankfully, West Virginia’s law recognizes that  invasions of privacy allow for a civil action to filed against the perpetrator.  As West Virginia’s Supreme Court indicates, failing to allow a citizen to file a lawsuit for invasion of privacy “would effectively deny valuable rights and freedoms to the individual.”

If you or someone you love suspect you have been a victim of the Invasion of Privacy Law in West Virginia, contact an experienced trial attorney to find out your rights.  The Miley Legal Group provides free case evaluations in our service area.

Find out if You're Eligible for Compensation in just Minutes
Written by
Tim Miley
Tim Miley is the founder of The Miley Legal Group. After earning his undergraduate degree in finance at Southern Methodist University in Dallas, TX, Tim attended Duquesne University in Pittsburgh, PA, where he received his Juris Doctorate. Tim is admitted to practice in all courts in West Virginia and is currently a member of the American Association for Justice, the West Virginia American Association for Justice, the West Virginia Bar Association and the Harrison County Bar Association.
Find out if You're Eligible for Compensation in just Minutes

The Miley Legal Group follows rigorous sourcing guidelines and only cites trustworthy sources of information in our articles. This includes professional experience, court records, peer-reviewed journals, academic organizations, government reports, highly regarded non-profit organizations, and interviews with qualified and authoritative industry experts.

Subscribe to read more of our articles

Get up to date information about laws in West Virginia and injury lawsuits. 

Get A Free Consultation


Editors carefully fact-check all content on Miley Legal for accuracy, quality, and integrity.

The Miley Legal Group editorial department has a rigorous fact-checking process, starting with our strict sourcing guidelines.

Our writers only gather information from credible sources. This includes peer-reviewed medical journals, reputable media outlets, government reports, court records, and interviews with qualified experts.