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WV SB198

WV SB198: Prohibiting creation, production, distribution, or possession of artificially generated child pornography Verified

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AI Summary

SB198 criminalizes AI-generated child pornography and addresses nonconsensual disclosure of fabricated images, with mandatory reporting and exemptions for certain groups.

Business Impact

If you use AI to create visual content, you must ensure compliance with child pornography laws by July 9, 2025, or face severe penalties.

State
West Virginia
Bill Number
SB198
Status
Passed Both Chambers
Risk Level
High
Category
Comprehensive
Effective Date
Jul 9, 2025
Last Action
Apr 12, 2025
Last Verified
May 19, 2026
Data Updated
May 22, 2026
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

Entertainment Technology Law Enforcement Media

Topics How we classify →

What This Means

SB198 aims to combat AI-generated child pornography by establishing criminal offenses and penalties. It includes provisions for nonconsensual disclosure, mandatory reporting, and exemptions.

Key Provisions

Latest Legislative Action

Approved by Governor 4/24/2025 - House Journal

Bill Sponsors

Name Role District
Sponsor SD-004
Sponsor SD-010

Roll Call Votes

S · Senate concurred in House amendments and passed bill (Roll No. 449) · Apr 10, 2025
33 Yea 0 Nay 1 Other Passed ✓
H · Passed House (Roll No. 414) · Apr 8, 2025
99 Yea 0 Nay 1 Other Passed ✓
S · Passed Senate (Roll No. 51) · Mar 3, 2025
33 Yea 0 Nay 1 Other Passed ✓

Amendments (7)

sb198 h jud am _1 Pending 2025-04-02
sb198 hfa akers 4-7 _1 Pending 2025-04-07
sb198 hfa akers 4-7 _1 adopted Adopted 2025-04-07
sb198 h jud am _1 adopted Adopted 2025-04-03
sb198 hfat akers 4-7 Pending 2025-04-07
sb198 hfat akers 4-7 adopted Adopted 2025-04-07
sb198 h jud am _1 as amended Pending 2025-04-08

Compliance Checklist

Ensure all AI-generated visual content complies with child pornography laws.
Who: Content creators and distributors using AI.
Deadline: By July 9, 2025.
Penalty: Severe fines and imprisonment for violations.
Implement training on compliance with new definitions and penalties.
Who: Organizations involved in visual content creation.
Deadline: By July 9, 2025.
Penalty: Potential legal repercussions for non-compliance.

Related & Companion Bills

West Virginia SB741 — Prohibiting creation, production, distribution or possessio…

Full Legal Analysis

SB198 establishes criminal offenses for the creation, production, distribution, or possession of AI-generated visual depictions of child pornography, even when no actual minors are depicted. The bill defines 'computer-generated child pornography' and outlines the penalties for violations, which can include significant fines and imprisonment. The effective date is July 9, 2025. Key definitions, such as 'fabricated intimate image' and 'indistinguishable,' clarify the scope of the law and its applicability. The bill includes provisions on nonconsensual disclosure of fabricated intimate images, mandatory reporting requirements, and an affirmative defense for compliance with these requirements. It also clarifies exemptions for certain groups and activities, such as law enforcement and legal proceedings. This legislation aligns with similar laws in other states aimed at addressing the misuse of technology in creating harmful content.

Official Source


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