Duty LXD-6049
Publishes adult content, in West Virginia
SB 198 (2025), fabricated intimate image disclosure prohibitionsince 4 lines
W. Va. Code § 61-8-28a · Read the law's page
- Do not knowingly and intentionally disclose, cause to be disclosed, or threaten to disclose a fabricated (AI-generated or AI-altered) intimate image of an identifiable person, with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce them.
- The same prohibition applies to a genuine intimate image captured under circumstances where the depicted person had a reasonable expectation it would not be publicly disclosed.
- Exceptions apply where the depicted person gave prior written consent, voluntarily exposed themselves in a public or commercial setting, or where disclosure is made through lawful reporting, a legal proceeding, or medical treatment.
- An interactive computer service, information service, or telecommunications service provider is not liable under this section for content supplied by another person.
SB 198 (2025), computer-generated child pornography prohibitionsince 3 lines
W. Va. Code §§ 61-8C-1, 61-8C-3 · Read the law's page
- Do not knowingly send, distribute, exhibit, possess, electronically access with intent to view, display, or transport a visual portrayal of a minor engaged in sexually explicit conduct, or an AI-created or AI-altered portrayal that is indistinguishable from a minor or that depicts an identifiable minor engaged in such conduct.
- This applies whether or not the depicted minor's actual identity can be ascertained, and whether the material is a real image or a synthetic one produced or altered by artificial intelligence.
- Penalties rise with the number of images involved: two to five years for 50 or fewer images, three to fifteen years for 51 to 299 images, and five to twenty years, or a higher tier for 300 or more images or material depicting violence against a child.
HB 4412 (2026), Child Online Protection and Liability Actsince 2 lines
W. Va. Code §§ 49A-1-101 to 49A-1-106 · Read the law's page
- Applies to a commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors where that material is a substantial portion (more than 33.33 percent) of its content. News gathering organizations, internet service providers, search engines and cloud service providers are exempt.
- Verify that a user is 18 or older using digital identification or a commercial or governmental age verification system.