VA HB2124: Synthetic digital content; definition, penalty, report, effective clause.

In one paragraph

Virginia's HB 2124 (2025) would treat AI-made synthetic digital content that realistically but falsely depicts a person as "words" under the insulting-words, defamation-mitigation and criminal slander laws, and make using it for the purpose of a fraud crime a separate Class 1 misdemeanor, with a civil claim for the person depicted. Those changes needed reenactment by the 2026 General Assembly, which did not reenact them, so they are not in the Code of Virginia. The act also had the Attorney General convene a work group, which reported in January 2026. Approved March 24, 2025 (Chapter 398); identical to SB 1053.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None in force. The deepfake fraud offense and civil claim needed reenactment by the 2026 session and are not in the current Code of Virginia.

Key provisions

1. 1Synthetic digital content: any digital audio, image, text or video that realistically but falsely depicts an individual's appearance, speech or conduct and is produced by an AI system based on a foundation model
2. 2Would add such content to "words" for civil actions for insulting words (§ 8.01-45), justification and mitigation of damages in defamation actions (§ 8.01-46) and criminal slander and libel (§ 18.2-417)
3. 3Would add § 18.2-213.3: using synthetic digital content for the purpose of committing a crime under the fraud chapter (Chapter 6 of Title 18.2) is a separate Class 1 misdemeanor, and the person depicted may sue in district court for actual damages and attorney fees; 47 U.S.C. § 230 protections are unchanged
4. 4Those changes (the first enactment) would have taken effect only if reenacted by the 2026 Session, which did not reenact them; § 8.01-45 is unchanged and § 18.2-213.3 is not in the Code of Virginia
5. 5The Attorney General convenes a work group on enforcing laws on synthetic digital content and deepfakes, to report by the first day of the 2026 Regular Session (this clause took effect July 1, 2025; the report, RD109, is dated January 13, 2026)
6. 6Approved by the Governor March 24, 2025 (Chapter 398); identical to SB 1053 (Chapter 407)

Latest legislative action

Mar 24, 2025. Approved by Governor-Chapter 398 (Effective - see bill)

Sponsors

Roll call votes (showing 3 of 7)

Amendments (2)

• Courts of Justice Amendment Not adopted
• Senate Amendment Not adopted

Related and companion bills

• Virginia SB1053Synthetic digital content; definition, penalty, report, effective clause.