In one paragraph
West Virginia's SB 454 (2026 regular session) would have created the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act (new W. Va. Code art. 61-3F), making it a crime to intentionally or knowingly distribute a deep fake of a person's face showing sexual conduct the person did not engage in, with intent to coerce, harass, intimidate or damage reputation, and without consent. Maximum prison terms would range from 90 days to 5 years. It was sent to Senate Judiciary on January 16, 2026 and died when the session ended March 14, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have made distributing sexually explicit deep fakes of a real person's face, with the stated intent and without consent, a crime.
Key provisions
- Offense (61-3F-2): intentionally or knowingly distributing a deep fake using a natural person's face that depicts sexual conduct the person did not engage in, with intent to coerce, harass or intimidate or to damage the person's reputation, knowing or having reason to know there was no consent
- 'Deep fake': visual media a reasonable observer would take as authentic and a reasonable person would believe shows speech or conduct the person did not engage in, produced substantially by technical means rather than impersonation
- Constitutionally protected speech (political, artistic, newsworthy works, commentary, criticism, satire, parody) is not a deep fake; a clear disclosure that the media is not a record of a real event is a safe harbor
- No liability for interactive computer services under 47 U.S.C. 230(f) for content from others
- Penalties: up to 5 years and/or $10,000 if within five years of a prior conviction; up to 1 year and/or $3,000 if intended to cause violence or bodily harm; otherwise up to 90 days and/or $1,000
- Injunctions may be sought by the Attorney General, a county prosecutor, the depicted individual, or a person injured or likely to be injured
- Introduced January 16, 2026 and sent to Senate Judiciary; no further action and no effective date in the text; died at the end of the 2026 session. House companion HB 5548 also died in committee
Latest legislative action
Jan 16, 2026. To Judiciary; died when the West Virginia Legislature's 2026 regular session ended March 14, 2026
Sponsors (showing 5 of 20)
| Name | Role |
|---|---|
| Azinger | Primary |
| Caputo | Primary |
| Chapman | Primary |
| Jeffries | Primary |
| Maynard | Primary |
Topics and industries
Related topics
Affected industries
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