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Law / United States / West Virginia

SB 198 (2025), fabricated intimate image disclosure prohibition

W. Va. Code § 61-8-28a

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • 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.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

A first violation is a misdemeanor punishable by up to one year in jail, a fine of $1,000 to $5,000, or both; a second or subsequent violation is a felony punishable by up to three years imprisonment, a fine of $2,500 to $10,000, or both.

What it makes you log

Logging duty

Section 61-8-28a criminalizes disclosing a fabricated or genuine intimate image with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce the depicted person. It imposes no duty to create, keep, or produce a log or record of any kind.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Senate Bill 198 (2025) amended West Virginia's nonconsensual disclosure of private intimate images statute to add a fabricated intimate image, an image of an identifiable person that was created using artificial intelligence or other computer technology and depicts computer-generated intimate parts, or the intimate parts of another person, as that individual's own.

No person may knowingly and intentionally disclose, cause to be disclosed, or threaten to disclose a fabricated intimate image, or a genuine intimate image captured with a reasonable expectation of privacy, with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. A first violation is a misdemeanor; a second or subsequent violation is a felony.

The statute exempts images disclosed with prior written consent, images of voluntary public or commercial exposure, and disclosures made through lawful reporting, legal proceedings, or medical treatment, and it does not impose liability on an interactive computer service, information service, or telecommunications service provider for content supplied by another person.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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