West VirginiaSB 1982025 Regular SessionSenate

Prohibiting creation, production, distribution, or possession of artificially generated child pornography

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 0 costs, 6 mixed.

Criminal penalties for sexual images involving children

Creating covered images of children under 18 engaged in sexually explicit conduct is a felony, including images made or changed with artificial intelligence. The law also covers using children to make this material and parents or guardians who create or facilitate it. The penalty is up to 10 years in prison, a fine up to $10,000, or both. A separate misdemeanor covers creating or distributing defined child erotica, including partially clothed children shown for purely sexual purposes. It also covers commercial material showing children in sexualized but non-explicit poses. That offense carries up to one year in jail and a $1,000 fine.

Penalties for keeping or sharing child pornography

Knowingly possessing, sharing, showing, transporting, or electronically accessing child pornography to view it is a felony, including computer-generated material. For 50 images or fewer, penalties are two to five years in prison, a fine up to $5,000, or both. For 51–299 images, penalties are three to 15 years, a fine up to $10,000, or both. For 300 or more images, penalties are five to 20 years, a fine up to $25,000, or both. That highest tier also applies to images showing violence against a child or bestiality. Some prosecutions involving computer-generated material use lower image-count thresholds. A video of five minutes or less counts as 100 images; longer videos add 100 images for each additional two minutes. These counting rules also cover digitally altered and artificial-intelligence material.

Penalties for sharing fake intimate images

Beginning July 9, 2025, West Virginia bans knowingly and intentionally sharing, causing disclosure of, or threatening to share fabricated intimate images to harm someone. Covered motives include harassment, intimidation, threats, humiliation, embarrassment, or coercion. The images must depict an identifiable person and use artificial intelligence or other computer technology to fake intimate parts. A first conviction carries up to one year in jail and a $1,000–$5,000 fine. Later convictions carry up to three years in prison and a $2,500–$10,000 fine. The law also covers disclosure of real intimate images that the person reasonably expected to remain private. Exceptions include prior written consent, voluntary public or commercial exposure, and lawful reporting, police, legal, or medical disclosures. Federal liability protections for interactive computer service providers remain in place.

Juvenile penalties and defenses for sexual images

Minors who intentionally possess, create, or share covered sexual images face delinquency proceedings under the juvenile code. Covered material includes computer-generated child pornography and images of another minor posing in an inappropriate sexual manner. The rule also covers minors sharing such images of themselves. A minor charged with possession has a defense if they neither requested the image nor distributed, transmitted, or presented it. An adjudication under this section does not trigger the referenced sex-offender registration requirements.

Privacy limits for child-image court evidence

Covered prohibited images may not be published to the public at any time, while lawful investigations and prosecutions remain allowed. Official-duty exceptions let police, contracted investigators, prosecutors, judges, magistrates, jurors, court-role attorneys, and their support staff possess or distribute the material. People following a valid order from a West Virginia circuit court or the Supreme Court of Appeals also qualify. The law requests court rules for evidence access and handling that balance victims’ privacy with defendants’ due process rights.

Workers must report suspected child sexual images

People who see suspected sexual images of minors during work or business must report them immediately, unless an official-duty exception applies. Reports go to local or state police or the National Center for Missing and Exploited Children’s CyberTipline. Reports should include the owner’s name and address, if known, and may include images or data reasonably believed to be evidence. Failure to comply carries criminal penalties. Making the required report provides a legal defense under this section, except for willful or wanton misconduct. This reporting duty does not apply to images seen outside work or business.

Sponsors & Cosponsors

Sponsor

Amy Grady
Republican • Senate

Cosponsors

Vince Deeds
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 165 • No: 0

Senate vote • 4/10/2025

Senate concurred in House amendments and passed bill (Roll No. 449)

Yes: 33 • No: 0

House vote • 4/8/2025

Passed House (Roll No. 414)

Yes: 99 • No: 0

Senate vote • 3/3/2025

Passed Senate (Roll No. 51)