State AI law
West Virginia
AI laws
We track 28 artificial-intelligence bills and regulations in West Virginia. 6 have been signed or enacted.
Last updated Oct 16, 2026 · How we collect and check bills
Where West Virginia’s bills stand
28 bills- Introduced
- 0
- In committee
- 0
- Passed a chamber
- 0
- Signed or enacted
- 6
- Dead or vetoed
- 22
Overview
How West Virginia regulates AI
West Virginia has 28 published AI-related bills in our register, 6 of them signed or enacted. Every bill below links to its own page with the status, dates and a plain-English summary.
Industries these bills touch
West Virginia AI law guides
For reporters
As of October 16, 2026, West Virginia has enacted 6 AI laws, according to AI Laws by State. That ties for 29th most among the 50 states and D.C.
Free to quote and reuse with credit to AI Laws by State. Cite as: AI Laws by State, “West Virginia AI laws,” ailawsbystate.com/state/WV, accessed October 16, 2026.
Deepfake Laws in West Virginia
West Virginia has enacted deepfake legislation. See how it compares with other states, including penalties, scope and enforcement.
West Virginia AI bills
RSS feed for West VirginiaStop Non-Consensual Distribution of Intimate Deep Fake Media Act
West Virginia's HB 5548 (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 referred to House Judiciary on February 16, 2026 and died when the session ended March 14, 2026.
Protecting state and local government systems and data from foreign entities
West Virginia's SB 70 (2026 regular session) would have created the Data Protection Act (new W. Va. Code art. 5-34). State agency officials, employees and contractors would have had to block, on state-owned or state-leased internet-capable devices, social media platforms owned by entities in a foreign country of concern, and could not use applications, software or AI algorithms owned by entities located in such a country. Senate Government Organization reported it do pass on February 6, 2026 and sent it to Judiciary, where it died when the session ended March 14, 2026.
Requiring the State Board of Education to create model policies on the use of technology and artifical intelligence in a public school class…
West Virginia's HB 5205, the West Virginia Balance Act (2026 regular session), would have required the State Board of Education to post a model balanced-technology policy, including a model AI use policy, before December 1, 2026, and county boards to adopt a policy before July 1, 2027. The AI policy would have barred educators from using generative AI to independently grade work or make high-stakes decisions and students from using it for academic work unless an educator authorizes it. It was sent to House Education on February 5, 2026 and died when the session ended March 14, 2026.
Establishing limitations on the use of artificial intelligence and artificial intelligence technology to deliver mental health care, with ex…
West Virginia's HB 4770 (2026 regular session, committee substitute) would have limited AI in mental health care. AI could assist only with administrative or supplementary support, with patient care, reimbursement or claims decisions not based exclusively on AI; AI could not act as or be marketed as a licensed professional, and licensed professionals could not let AI make independent therapeutic decisions. Violations would have carried civil penalties up to $10,000 each. It passed House Health and Human Resources but died in House Finance when the session ended March 14, 2026.
Requesting the Joint Committee on Technology & Infrastructure to establish a Genesis Working Group to coordinate statewide planning for arti…
West Virginia's HCR 4 (2026 regular session) is a House concurrent resolution that would have asked the Joint Committee on Technology & Infrastructure to create a Genesis Working Group of legislators and state agency representatives to coordinate statewide planning for AI, high-performance computing, digital infrastructure and energy-based economic development. House Energy and Public Works recommended on January 30, 2026 that it be adopted and sent it to House Rules; neither chamber adopted it before the session ended March 14, 2026. It is a resolution and would not have changed the law.
Fourth Amendment Restoration Act
West Virginia's HB 4682, the Fourth Amendment Restoration Act (2026 regular session), would have barred law enforcement officers, and anyone acting for law enforcement purposes, from using seven listed technologies, including facial recognition, license plate readers and surveillance drones, unless a warrant based on probable cause authorizes use against a specific person. Knowing and willful use would be a felony. It was sent to House Judiciary on January 21, 2026 and died when the session ended March 14, 2026.
Protecting Everyone from Excessive Police Surveillance (PEEPS) Act
West Virginia's HB 4628, the Protecting Everyone from Excessive Police Surveillance (PEEPS) Act (2026 regular session), would have barred government officials from accessing databases of photos, video, license plate, facial recognition or cell site data that reveal locations more than 24 hours old unless there is a warrant, voluntary consent, a reported lost or stolen vehicle, exigent circumstances, or specified traffic, toll and parking uses. Data could be kept no more than 10 days. It was sent to House Judiciary on January 21, 2026 and died when the session ended March 14, 2026.
Relating to pornography access for minors
West Virginia's SB 498 (2026 regular session) would have added W. Va. Code 61-8A-6, requiring commercial adult websites (where sexually explicit material is more than 25% of content) to verify age with biometric facial recognition, a government-issued ID and an adult's credit card, repeated every 24 hours, without storing biometric data after verification. Penalties would include $1 million per violation and civil damages. It was sent to Senate Judiciary on January 19, 2026 and died when the session ended March 14, 2026.
To force any media/internet creator providing artificial intelligence created videos to have an identifying marker that allows viewers to kn…
West Virginia's HB 4496 (2026 regular session) would have added an Artificial Intelligence Media Disclosure article (W. Va. Code 46A-9) requiring any entity that creates or distributes AI-generated media for public consumption to include a clear and conspicuous disclosure, such as a watermark or on-screen or spoken statement, with video disclosures of at least 3 seconds. Civil penalties would reach $100,000 per day for organizations. It was sent to House Judiciary on January 19, 2026 and died when the session ended March 14, 2026.
Stop Non-Consensual Distribution of Intimate Deep Fake Media Act
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.
Relating to the West Virginia Task Force on Artificial Intelligence
West Virginia's HB 3187 (2025) amends Code §5A-6-9, the 2024 law (HB 5690) that created the West Virginia Task Force on Artificial Intelligence. It adds identifying AI-related economic opportunities the state may support or promote to the task force's duties, replaces the one-time July 1, 2025 report with an annual electronic report by July 1 to the House, Senate and Governor, presented to the Joint Committee on Government and Finance, and sets the task force to terminate July 1, 2027. Membership and other duties are unchanged. Approved April 25, 2025 (Chapter 38); effective July 9, 2025.
Prohibiting creation, production, distribution, or possession of artificially generated child pornography
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.
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, designat…
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.
Requesting a study regarding the creating of an artificial intelligence elective course to be offered in high schools
West Virginia's HCR 94 (2025 regular session) is a concurrent resolution that would have requested the Joint Committee on Government and Finance to study creating an Artificial Intelligence Education Program, offered as an elective, in public high schools and report to the 2026 regular session with findings, recommendations and draft legislation. It was referred to House Rules on March 18, 2025 and went no further. It is a resolution and does not change the law.
Protecting state and local government systems and data from foreign entities
West Virginia's SB 694 (2025 regular session) would have created the Data Protection Act (new W. Va. Code art. 5-32). State agency officials, employees and contractors would have had to block, on state-owned or state-leased internet-capable devices, social media platforms owned by entities in a foreign country of concern, and could not use applications, software or AI algorithms owned by entities located in such a country. It was reported do pass but first to Judiciary on March 11, 2025 and went no further.
Relating to disclosures and penalties associated with use of synthetic media and artificial intelligence
West Virginia's SB 484 (2025 regular session, committee substitute) would have added W. Va. Code 3-8-12a barring anyone from distributing, or agreeing to distribute, AI-manipulated synthetic media of a person within 90 days before an election, knowing it is false, without consent and intending to injure a candidate or influence the result, unless it carries a clear disclaimer. It would be a misdemeanor with a fine up to $1,000 per violation, plus civil actions. It passed no chamber: it was laid over on first reading and referred to Rules on March 4, 2025.
Providing for 4th Amendment Restoration Act
West Virginia's SB 688 (2025 regular session), called the Responsible Use of Facial Recognition Act in its text, would have limited law enforcement use of six listed technologies, including facial recognition, to uses under a warrant based on probable cause, created a facial recognition working group in the Department of Homeland Security to publish a model policy by January 1, 2026, and required agencies to use only U.S.-made facial recognition technology with algorithms tested by NIST. It was sent to Senate Government Organization on March 4, 2025 and went no further.
Fourth Amendment Restoration Act
West Virginia's HB 2431, the Fourth Amendment Restoration Act (2025 regular session), would have barred law enforcement officers, and anyone acting for law enforcement purposes, from using seven listed technologies, including facial recognition, license plate readers and surveillance drones, unless a warrant based on probable cause authorizes use against a specific person. Knowing and willful use would be a felony. It was sent to House Judiciary on February 17, 2025 and went no further.
Stop Non-Consensual Distribution of Intimate Deep Fake Media Act
West Virginia's SB 170 (2025 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 February 12, 2025 and went no further.
Creating a West Virginia Task Force on Artificial Intelligence
West Virginia's HB 5690 (2024) adds Code §5A-6-9, creating the West Virginia Task Force on Artificial Intelligence in the Office of the Governor, with state officials, non-voting legislators and Governor-appointed industry members. It was to recommend an AI definition and legislation protecting rights and consumer data, develop best practices for public-sector AI, recommend model school policies, assess AI's workforce effects, inventory state agencies' AI use, and report by July 1, 2025. HB 3187 (2025) later required annual reports and set its end at July 1, 2027. Approved March 27, 2024 (Chapter 43); effective June 2, 2024.
Prohibiting creation, production, distribution or possession of artificially generated child pornography
West Virginia's SB 741 (2024 regular session, committee substitute) would have added W. Va. Code 61-8C-12 making it a felony to knowingly and intentionally create, produce, distribute, or possess with intent to distribute an AI-created visual depiction of a minor in obscene sexually explicit conduct, even if no actual minor is depicted. The penalty would be a fine up to $20,000, 1 to 10 years in prison, or both. It passed the Senate on February 20, 2024 but was still on House third reading on March 8, 2024 and did not pass.
Prohibiting the use of deep fake technology to influence an election
West Virginia's HB 4963 (2024 regular session, committee substitute) would have added Article 3F to Chapter 61 barring anyone from disseminating a deep fake, or agreeing to, within 90 days before an election, knowing or reasonably should know it is a deep fake, without the depicted person's consent and with intent to injure a candidate or influence the result. Maximum prison terms would range from 90 days to 5 years. It passed the House on February 27, 2024 and died in Senate Judiciary.
Relating to criminalizing the use of deep fakes
West Virginia's HB 5516 (2024 regular session, committee substitute) would have made it a crime to knowingly and intentionally disclose, or threaten to disclose, an image showing a person's intimate parts or sexually explicit conduct (including a deep fake) with intent to harass, intimidate, threaten, humiliate, embarrass or coerce. A first offense would be a misdemeanor and a repeat offense a felony. It also would have added deep fakes to the definition of visual portrayal in the minors sexual-conduct article. It passed the House on February 27, 2024 and died in Senate Judiciary.
Stop Non-Consensual Distribution of Intimate Deep Fake Media Act
West Virginia's SB 720 (2024 regular session) would have created the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act (new W. Va. Code art. 61-3D), 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 February 8, 2024 and went no further.
To create an AI Task Force
West Virginia's HB 5490 (2024 regular session) would have created a Generative AI and Natural Language Processing Task Force (new W. Va. Code 5A-6-9) set up by the Governor's Office, to meet at least quarterly and report to the Governor and the Legislature by July 1, 2025. It would recommend consumer-information protections, school policies on student use of generative AI, public-service uses, civil-liberties protections, workforce effects and cybersecurity. It was sent to House Artificial Intelligence on February 6, 2024 and went no further.
Creating a Select Committee on Artificial Intelligence
West Virginia House Resolution 3 (2024) creates, for the remainder of the 86th Legislature, a House Select Committee on Artificial Intelligence of not more than eleven delegates appointed by the Speaker. The committee receives testimony, considers legislation and recommends action to the Speaker on all issues relating to AI in West Virginia, under the House rules for standing committees. The House adopted it by voice vote on January 10, 2024. It is a resolution of one chamber that does not change the law.
AN ACT to amend the Code of West Virginia Code, 1931, as amended, by adding thereto a new chapter, designated §17H-1-1, §17H-1-2, §17H-1-3, …
West Virginia's Fully Autonomous Vehicle Act (new Chapter 17H) authorizes self-driving vehicles on public roads. A fully autonomous vehicle may run without a human driver if its automated driving system can reach a minimal risk condition on failure, and the operator first files a law enforcement interaction plan with the Division of Highways/DOT and proves insurance or self-insurance to the DMV. The act also covers on-demand autonomous vehicle networks, autonomous commercial vehicles, three-vehicle platooning, crash duties and equipment standards, and bars local governments from banning or separately taxing autonomous vehicles.
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1 and §17C-24-2, all relati…
HB 4675 lets autonomous or remotely monitored delivery robots operate in West Virginia. Personal delivery devices may use sidewalks, crosswalks and roadways with pedestrian-like rights, must yield to pedestrians, obey signals, carry an identifying plate with operator contact information, be monitored or controlled by an operator, and stay under 12 mph on sidewalks and 20 mph on roads. Small mobile carriers that follow their owner are also regulated. Owners must carry at least $100,000 of liability insurance, and localities cannot restrict the devices inconsistently with the article.
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