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

In one paragraph

West Virginia's SB 198 (2025) makes disclosing or threatening to disclose a "fabricated intimate image" of an identifiable person, made with AI or similar technology, with intent to harass, intimidate, threaten, humiliate, embarrass or coerce a misdemeanor (a felony on a repeat offense). It adds "computer-generated child pornography" (AI-made or altered images of an identifiable minor, or AI images indistinguishable from a real minor) to the felony of distributing or possessing sexual images of minors, with prison terms by image count, and requires people who see apparent child sexual images on devices at work to report them. Approved April 24, 2025 (Chapter 80); effective July 9, 2025.

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

What it means for business

Anyone who, in the course of employment or business, views images on a computer or device that appear to show a minor in sexually explicit conduct must report them at once to police or NCMEC's CyberTipline. Platforms are not liable for content provided by others.

Key provisions

1. 1§61-8-28a: a fabricated intimate image is an image of an identifiable person created with AI or other computer technology that depicts computer-generated intimate parts, or another person's intimate parts, as the depicted person's
2. 2Knowingly and intentionally disclosing, causing disclosure of or threatening to disclose a fabricated intimate image with intent to harass, intimidate, threaten, humiliate, embarrass or coerce: misdemeanor, up to one year in jail and/or a $1,000 to $5,000 fine; a second or later offense is a felony, up to three years and/or $2,500 to $10,000
3. 3§61-8C-1: visual portrayals include media produced in whole or part by manipulation including AI; computer-generated child pornography is a portrayal of an identifiable minor created, adapted or modified to show sexually explicit conduct, or an AI- or computer-created portrayal indistinguishable from a minor in such conduct (drawings, cartoons, sculptures and paintings excluded)
4. 4§61-8C-3: knowingly sending, distributing, exhibiting, possessing, accessing with intent to view, displaying or transporting such material is a felony: 2-5 years or up to $5,000 for 50 or fewer images; 3-15 years or up to $10,000 for more than 50 but fewer than 300; 5-20 years or up to $25,000 for 300 or more or for violence against a child or bestiality; a video of five minutes or less counts as 100 images
5. 5Minors who create, possess or distribute computer-generated child pornography commit an act of delinquency (§61-8C-3b)
6. 6§61-8C-3c: prohibited material may never be published to the public; law enforcement, prosecutors, attorneys, judges, magistrates, jurors, their support personnel and persons acting under a court order are exempt while performing official duties; the Supreme Court of Appeals is asked to adopt handling rules
7. 7Anyone else who, in the course of employment or business, views an image on a computer or device that is or appears to show a minor in sexually explicit conduct must immediately report it to law enforcement or NCMEC's CyberTipline (compliance is an affirmative defense except for willful or wanton misconduct); interactive computer services are not liable for content provided by others
8. 8Passed April 10, 2025; approved by the Governor April 24, 2025 (Chapter 80, Acts, Regular Session, 2025); effective July 9, 2025 (90 days from passage)

Latest legislative action

Apr 24, 2025. Approved by Governor 4/24/2025 (Chapter 80, Acts, Regular Session, 2025)

Sponsors

Roll call votes

Amendments (7)

• sb198 h jud am _1 Not adopted 2025-04-02
• sb198 hfa akers 4-7 _1 Not adopted 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 Not adopted 2025-04-07
• sb198 hfat akers 4-7 adopted Adopted 2025-04-07
• sb198 h jud am _1 as amended Not adopted 2025-04-08

Related and companion bills

• West Virginia SB741Prohibiting creation, production, distribution or possession of artificially generated ch…