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WV HB5516: Relating to criminalizing the use of deep fakes

Dead/Failed West Virginia · 2024 session

Last verified May 21, 2026 · official bill text

HB5516 · where it stands

This bill did not become law (dead/failed) · last action Feb 28, 2024.

What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Signed / enacted
Signed into law; it may or may not be in effect yet.
In effect
The effective date has passed.
Dead / vetoed
Vetoed, failed, or the session ended without action.

In one paragraph

This bill prohibits the use of deep fake images for invading privacy and unlawfully depicting minors in explicit conduct, establishing criminal penalties.

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

What it means for business

If you use AI to create or distribute images, you must ensure compliance with privacy laws or face criminal penalties.

What this means

House Bill 5516 aims to criminalize the use of deep fake images for privacy invasion and the unlawful depiction of minors. It establishes clear definitions and penalties for violations, impacting individuals and organizations that utilize AI-generated content. Compliance is crucial to avoid severe legal consequences.

Key provisions

  1. Prohibits the use of deep fake images for nonconsensual disclosure of private intimate images.
  2. Establishes criminal penalties for unlawful depiction of minors in sexually explicit conduct.
  3. Defines key terms such as 'deep fake' and 'intimate parts' for clarity in enforcement.
  4. Exempts disclosures made with consent or for lawful reporting of illegal conduct.
  5. Clarifies that service providers are not liable for user-generated content.

Compliance checklist

  • Ensure no deep fake images are used without consent, especially involving minors. Who: Content creators and distributors. Deadline: Immediately upon enactment. Penalty: Misdemeanor or felony charges depending on the violation.
  • Review and update content policies to align with new definitions and prohibitions. Who: Businesses and organizations using AI for image generation. Deadline: Immediately upon enactment. Penalty: Potential legal consequences for non-compliance.

Latest legislative action

Feb 28, 2024. To Judiciary

Full analysis

House Bill 5516 seeks to amend existing laws in West Virginia to specifically prohibit the use of deep fake images for the nonconsensual disclosure of private intimate images and the unlawful depiction of minors in sexually explicit conduct. The bill defines 'deep fake' as a visual depiction created through technical means, including AI, that is so realistic it misrepresents the actions of an individual. Individuals and entities that create or distribute such content must comply with these new prohibitions to avoid criminal penalties. Violations can result in misdemeanor or felony charges, depending on the number of offenses. The bill also outlines specific exemptions and clarifies that interactive computer service providers are not liable for content created by others. This legislation aligns with similar laws in other states aimed at addressing the misuse of technology in privacy violations.

Sponsors (showing 5 of 11)

NameRoleDistrict
R Sponsor HD-064
R Sponsor HD-008
R Sponsor HD-078
R Sponsor HD-086
R Sponsor HD-021

Roll call votes

H Passed House (Roll No. 334) Feb 27, 2024

96 yea0 nay4 otherPassed

Amendments (1)

  • hb5516 h ai am _1-2-14 Not adopted 2024-01-02

Topics and industries

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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error