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AN ACT to amend and reenact §61-2-13 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §61-8B-6, relating to extortion, attempted extortion, sexual extortion, and aggravated sexual extortion; defining terms; including a threat to any other thing of value for purposes qualifying extortion offense; increasing criminal penalties for extortion or attempted extortion by threats; creating crime of sexual extortion; establishing criminal penalties for sexual extortion; providing circuit courts optional dispositional conditions when minor adjudicated for a sexual extortion offense; creating crime of aggravated sexual extortion; establishing criminal penalties for aggravated sexual extortion; and providing for jurisdiction for prosecution of sexual extortion offenses in multiple counties.
In one paragraph
SB 240 makes sexual extortion a felony in West Virginia: knowingly disclosing or threatening to disclose a private sexual image to coerce someone into giving more images, money or sexual acts. Because the new section defines 'image' to include a 'digital or computer-generated visual depiction', sextortion using AI-generated or fabricated nude images is covered. Penalties rise from 1-5 years for a first offense to 10-20 years, and aggravated sexual extortion (adult targeting a minor or vulnerable adult, or causing serious injury or death) carries 10-20 years.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Platforms and image tools face no direct duties, but AI-generated sexual images used for extortion are prosecutable as felonies.
Key provisions
- New §61-8B-6 crime of sexual extortion using private images
- 'Image' includes a digital or computer-generated visual depiction
- Felony penalties: 1-5 years first offense, 3-10 years second, 10-20 years third or later
- Aggravated sexual extortion (minor or vulnerable adult victim, or serious bodily injury or death): 10-20 years
- Minors adjudicated delinquent, with optional behavioral health counseling
- Prosecution allowed where the threat was made or received
Latest legislative action
Mar 24, 2025. Approved by Governor 3/24/2025 (Chapter 75, Acts, Regular Session, 2025); effective ninety days from passage (June 12, 2025)
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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