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AI Summary
The bill criminalizes the use of synthetic digital content for fraud, allowing civil actions for damages and establishing a work group for further study, with provisions requiring reenactment by 2026.
Business Impact
If you use synthetic digital content in Virginia, you must ensure it is not used for fraudulent purposes or face a Class 1 misdemeanor.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
Virginia's HB2124 expands legal definitions and penalties related to synthetic digital content, particularly in fraud cases. It allows individuals depicted in such content to seek damages and mandates a work group to study enforcement, with provisions requiring reenactment by 2026. This legislation impacts creators and users of digital content, especially in the context of deepfakes.
Key Provisions
- Defines 'synthetic digital content' as digital representations that falsely depict individuals.
- Criminalizes the use of synthetic digital content for committing fraud as a Class 1 misdemeanor.
- Allows individuals depicted in synthetic digital content to seek civil damages.
- Establishes a work group to study enforcement of laws related to synthetic digital content, with meetings to be completed by November 1, 2025.
- Prohibits limiting protections under 47 U.S.C. a7 230 for interactive computer services.
- Requires recommendations to be reported by the first day of the 2026 Regular Session.
- Provisions of the first enactment will not become effective unless reenacted by the 2026 Session of the General Assembly.
Latest Legislative Action
Acts of Assembly Chapter text (CHAP0398)
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Elizabeth Bennett-Parker D | Sponsor | HD-045 |
| Irene Shin D | Sponsor | HD-086 |
| Jackie Glass D | Sponsor | HD-089 |
| Michelle Maldonado D | Sponsor | HD-050 |
Roll Call Votes (showing 3 of 7)
H ·
Senate Amendment agreed to by House (Y-88 N-7 A-0) ·
Feb 14, 2025
88 Yea
7 Nay
5 Other
Passed ✓
S ·
Passed Senate with amendment (39-Y 0-N) ·
Feb 12, 2025
39 Yea
0 Nay
1 Other
Passed ✓
S ·
Constitutional reading dispensed (on 2nd reading) (40-Y 0-N) ·
Feb 11, 2025
40 Yea
0 Nay
Passed ✓
Amendments (2)
Courts of Justice Amendment
Pending
—
Senate Amendment
Pending
—
Compliance Checklist
Ensure synthetic digital content is not used for fraudulent purposes.
Who: All individuals and entities creating or using synthetic digital content.
Penalty: Class 1 misdemeanor for violations.
Who: All individuals and entities creating or using synthetic digital content.
Penalty: Class 1 misdemeanor for violations.
Prepare for potential civil actions from individuals depicted in synthetic content.
Who: Creators and distributors of synthetic digital content.
Penalty: Liability for actual damages and attorney fees.
Who: Creators and distributors of synthetic digital content.
Penalty: Liability for actual damages and attorney fees.
Related & Companion Bills
Full Legal Analysis
HB2124 amends existing Virginia law to include synthetic digital content within the scope of defamation, slander, and libel, defining it as digital content that falsely depicts an individual's appearance, speech, or conduct. The bill makes it a Class 1 misdemeanor to use such content for committing fraud, establishing a separate offense from the primary crime. Individuals depicted in the synthetic content can pursue civil actions for damages, including attorney fees. The Attorney General is tasked with forming a work group to evaluate current laws and recommend further actions regarding synthetic digital content, particularly deepfakes. The work group must complete its meetings by November 1, 2025, and report its findings by the first day of the 2026 Regular Session. The provisions of the first enactment of the act will not become effective unless reenacted by the 2026 Session of the General Assembly. This bill aligns with growing concerns about the misuse of AI-generated content in fraudulent activities and reflects similar legislative trends in other states addressing deepfake technology.
Official Source
Official Bill Text
View HB2124 on official legislature website →
Related Topics
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