West Virginia
West Virginia AI Laws and Regulation (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 9 primary sources cited on this page. How we verify our legal content
West Virginia addresses AI primarily through HB 5690 (2024), which established the Task Force on Artificial Intelligence under W. Va. Code 5A-6-9 to develop policy recommendations through July 2027. SB 198 (2025) separately criminalized AI-generated child sexual abuse material and extended the state's intimate image law to cover AI-fabricated intimate images of adults. The state has not enacted comprehensive AI consumer protection, employment AI, or election deepfake laws.
West Virginia is taking a deliberate, study-first approach to artificial intelligence regulation. Rather than passing sweeping AI legislation, the state created a formal Task Force on Artificial Intelligence in 2024 to research the technology and recommend policy. The state has, however, moved decisively on one critical issue: criminalizing AI-generated child sexual abuse material through SB 198 in 2025.
As of March 2026, West Virginia has no comprehensive AI consumer protection law, no employment AI regulations, and no election deepfake disclosure requirements. The state's legislative approach relies on its Task Force to build informed policy before committing to binding regulations. This article is for informational purposes only. Consult an attorney for advice specific to your situation.
The West Virginia Task Force on Artificial Intelligence
West Virginia's primary AI governance mechanism is the Task Force on Artificial Intelligence, created by House Bill 5690 during the 2024 Regular Session. Governor Jim Justice signed the bill into law, and it became effective 90 days after passage. The Task Force is codified at W. Va. Code 5A-6-9.
The Task Force is organized within the Office of the Governor. The West Virginia Office of Technology provides administrative and technical support for the group's operations.
Task Force Responsibilities
The original Task Force mandate under HB 5690 included several core responsibilities. The group must recommend a definition of artificial intelligence for use in future legislation. It must determine which state agency or agencies should develop and oversee AI policy and its implementation.
The Task Force must also identify public interest use cases for artificial intelligence, develop best practices for public sector AI use in West Virginia, and recommend legislation to protect individual rights, civil liberties, and consumer data as they relate to generative artificial intelligence.
Beyond governance questions, the Task Force was tasked with recommending model policies for schools to address student use of AI in the classroom and assessing the use of AI in the workforce, including effects on employment levels and types of employment.
HB 3187: Expanding the Task Force (2025)
During the 2025 Regular Session, the legislature passed House Bill 3187 to expand and extend the Task Force. The bill passed the House on March 21, 2025, and the Senate on April 10, 2025, taking effect on July 9, 2025.
HB 3187 made several significant changes. It extended the Task Force's termination date to July 1, 2027, giving it additional time to complete its work. It added a new responsibility: identifying economic opportunities related to AI that the state may support or promote.
The bill also established a formal meeting schedule. The Task Force must hold its first meeting no later than 120 days after the effective date and meet quarterly thereafter. Members may attend meetings in person or online. The Task Force must submit an annual report to state leadership by July 1 each year.
Task Force Membership
The Task Force includes representatives from multiple sectors of West Virginia's government and economy. The Governor designates the Chair. Members include representatives from state agencies, the technology sector, education, healthcare, and other relevant fields. This diverse membership is intended to ensure that AI policy recommendations reflect the needs and concerns of a broad cross-section of the state.
AI-Generated Child Sexual Abuse Material (SB 198)
West Virginia took strong action against AI-generated sexual imagery in 2025. Senate Bill 198, introduced by Senate Education Chair Amy Grady (R-Mason), criminalized AI-generated child sexual abuse material. The Senate passed the bill on March 3, 2025, the House passed it on April 8, 2025, and the Governor signed it on April 24, 2025. It took effect 90 days from passage, on July 9, 2025.
The enrolled act amended W. Va. Code 61-8-28a, 61-8C-1, 61-8C-2, 61-8C-3, 61-8C-3a, and 61-8C-3b, and added a new 61-8C-3c. It did not create a standalone AI offense. Instead it wrote artificial intelligence into the child pornography and intimate image statutes West Virginia already had.
Legislative Findings
The legislature found that the use of artificial intelligence products to create lifelike, seemingly real media representations of children engaging in sexually explicit conduct is a growing problem. Lawmakers determined that such material promotes illegal sexual conduct against children, and that criminalizing AI-generated child pornography is the most effective means of protecting West Virginia children.
What the Law Prohibits
SB 198 expanded the definition of child pornography under West Virginia law to include digitally created images and depictions of minors engaged in illicit sexual acts, regardless of whether an actual person was filmed or photographed. W. Va. Code 61-8C-3(c) now provides that a visual portrayal "created in whole or in part by digital manipulation, artificial intelligence, or any other means may satisfy the requirements of this section."
The prohibited conduct is much broader than distribution. W. Va. Code 61-8C-3(a) reaches any person who knowingly sends or causes to be sent, distributes, exhibits, possesses, electronically accesses with intent to view, displays, or transports the material. No intent to distribute is required. Simple possession is a felony, and so is merely accessing the material online in order to view it.
Creating or producing the visual portrayal is a separate felony under W. Va. Code 61-8C-2.
Penalties
Penalties depend on which statute the conduct falls under, and for distribution and possession offenses they are graduated by the number of images involved.
| Offense | Statute | Imprisonment | Fine |
|---|---|---|---|
| Creating or producing the visual portrayal | 61-8C-2 | Up to 10 years | Up to $10,000 |
| Distributing, exhibiting, possessing, or accessing with intent to view, 50 or fewer images | 61-8C-3(f) | 2 to 5 years | Up to $5,000 |
| Same conduct, more than 50 but fewer than 300 images | 61-8C-3(g) | 3 to 15 years | Up to $10,000 |
| Same conduct, 300 or more images, or images depicting violence against a child or bestiality | 61-8C-3(h) | 5 to 20 years | Up to $25,000 |
In each case the court may impose imprisonment, the fine, or both. For counting purposes, W. Va. Code 61-8C-3(i) treats a video clip or recording of five minutes or less as 100 images, and adds another 100 images for every two minutes beyond the first five.
West Virginia became one of approximately 45 states with laws specifically criminalizing some form of AI-generated child sexual abuse material when SB 198 took effect.
Deepfakes and Synthetic Media
West Virginia has an enacted law covering non-consensual intimate deepfakes of adults, but it has no law addressing deepfakes in election communications. The legislature has separately considered standalone deepfake bills that would sit alongside the enacted provision.
Fabricated Intimate Images (W. Va. Code 61-8-28a)
SB 198 did more than address child sexual abuse material. The same act amended W. Va. Code 61-8-28a to reach AI-generated intimate imagery of adults. Subsection (a)(5) defines a "fabricated intimate image" as an image of an identifiable depicted individual that was created by the use of artificial intelligence or other computer technology and that depicts computer-generated intimate parts, or another person's intimate parts, as the intimate parts of the depicted individual.
Under subsection (b), no person may knowingly and intentionally disclose, cause to be disclosed, or threaten to disclose a fabricated intimate image of another with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. Threatening to release the image is enough on its own; the image does not have to be published. The statute carves out images disclosed with the prior written consent of the person depicted.
A first offense is a misdemeanor punishable by up to one year in jail, a fine of not less than $1,000 nor more than $5,000, or both. A second or subsequent offense is a felony punishable by up to three years in a state correctional facility, a fine of not less than $2,500 nor more than $10,000, or both.
SB 720: Intimate Deepfake Media (2024, Not Enacted)
Senate Bill 720 was introduced during the 2024 Regular Session to create the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act. The bill would have defined intimate deepfake media, established how violations occur, provided for safe harbor and severability provisions, imposed penalties, and allowed injunctive relief for victims.
SB 720 did not advance through the legislature during the 2024 session.
SB 454: Intimate Deepfake Media (2026, Pending)
The legislature reintroduced intimate deepfake protections during the 2026 Regular Session as Senate Bill 454. Like its predecessor SB 720, the bill aims to create the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act with provisions covering definitions, violations, construction, safe harbor, severability, penalties, and injunctive relief.
As of March 2026, the 2026 Regular Session has adjourned sine die, and the status of SB 454 remains uncertain. West Virginia residents are not without protection in the meantime. W. Va. Code 61-8-28a already covers AI-fabricated intimate images by name, so the gap SB 454 addresses is the shape of the remedy rather than the absence of one. The bill would add a standalone act, including injunctive relief for victims, on top of that criminal provision.
Election Deepfakes
West Virginia has not enacted laws specifically addressing AI-generated deepfakes in election communications. As of early 2026, approximately 25 states had enacted laws regulating deepfakes in political communications. West Virginia is not among them. The state's existing election and campaign finance laws do not contain specific provisions for AI-generated or AI-altered media.
AI in Employment and Hiring
West Virginia has not enacted any laws specifically regulating the use of artificial intelligence in employment, hiring, or other workplace decisions. States like Colorado, Illinois, and New York City have moved to regulate AI-powered hiring tools, but West Virginia has taken no comparable legislative action.
The AI Task Force's mandate does include assessing the use of artificial intelligence in the workforce and its effect on employment levels, types of employment, and the deployment of workers. Any policy recommendations in this area would come through the Task Force's reports rather than through standalone legislation.
Employers in West Virginia that use AI-powered hiring or employment tools should be aware that while no state-specific AI employment law exists, general anti-discrimination protections under state and federal law still apply. The Equal Employment Opportunity Commission has issued guidance indicating that employers can be liable for discrimination caused by AI tools even if the employer did not intend to discriminate.
AI in Healthcare
West Virginia has not enacted laws specifically governing AI use in healthcare settings. However, the 2026 legislative session included a significant proposal in this area.
HB 4770: AI in Mental Healthcare (2026, Not Enacted)
House Bill 4770, introduced in January 2026 by Delegates Worrell, Hite, and Petitto, would have established limitations on the use of AI technology to deliver mental health care. The bill was referred to the Committee on Health and Human Resources, then to the Finance Committee.
The bill included several notable provisions. It would have prohibited operators or licensed professionals from using AI to assist in therapy or psychotherapy sessions where sessions are recorded or transcribed, unless the patient is informed in writing about the AI use and its specific purpose.
Additionally, therapy or psychotherapy services would not have been permitted to design, market, or present any AI system that could reasonably cause a person to believe the system is a licensed professional or crisis service. Healthcare services would not have been permitted to use AI to diagnose, develop, or modify treatment plans.
HB 4770 also included a provision requiring one member of the AI Task Force to be a healthcare practitioner licensed to provide mental health care in West Virginia with knowledge of AI in clinical practice. The bill set an effective date of January 1, 2027, but it did not advance out of committee before the session adjourned.
Federal AI Policy and West Virginia
Federal AI policy developments have direct implications for West Virginia, even as the state develops its own approach.
Opposition to Federal Preemption
In November 2025, four members of the West Virginia Legislature signed onto a national bipartisan letter opposing federal preemption of state AI regulations. The signers included Sen. Patricia Rucker (R-Jefferson), Dels. Kayla Young (D-Kanawha), Bill Ridenour (R-Jefferson), and Margitta Mazzocchi (R-Logan).
The letter opposed a policy under consideration by Congress that would allow the federal government to preempt state regulations on artificial intelligence. This stance reflects a bipartisan concern in West Virginia that states should retain authority over their own AI policy decisions.
Federal Legislation Involving West Virginia Lawmakers
At the federal level, West Virginia lawmakers have been active on AI policy. U.S. Senator Shelley Moore Capito (R-W.Va.) co-sponsored the Validation and Evaluation for Trustworthy Artificial Intelligence (VET AI) Act with Senator John Hickenlooper (D-Colo.). The bill aims to create AI guidelines and standards at the federal level.
Senator Capito also co-introduced the TAKE IT DOWN Act, a federal bill targeting non-consensual intimate image abuse, including AI-generated deepfakes. The bill would require social media platforms to remove such content upon notification from a victim.
Executive Order 14365
On December 11, 2025, President Trump issued Executive Order 14365, directing the Department of Justice to establish an AI Litigation Task Force. While this order primarily targets states with comprehensive AI regulations like Colorado, it could affect West Virginia's future AI legislative efforts. The order does carve out child safety protections, which means West Virginia's SB 198 (AI-generated CSAM law) would likely be shielded from federal preemption challenges.
Comparison With Neighboring States
West Virginia's approach to AI regulation differs significantly from some of its neighbors.
| State | Comprehensive AI Law | Deepfake Laws | Employment AI Law |
|---|---|---|---|
| West Virginia | No (Task Force studying) | Yes (intimate deepfakes); none for elections | No |
| Virginia | No (HB 2094 passed legislature, vetoed 2025) | Pending | Pending |
| Pennsylvania | No | Pending | No |
| Ohio | No | Yes (election deepfakes) | No |
| Kentucky | No | Pending | No |
| Maryland | No | Yes (election deepfakes) | Pending |
West Virginia's Task Force approach mirrors that of several other states that prefer to study AI before regulating it. The state's relatively small technology sector and focus on traditional industries may contribute to the measured legislative pace.
Summary of West Virginia AI Laws and Proposals
| Law/Bill | Year | Subject | Status |
|---|---|---|---|
| HB 5690 | 2024 | AI Task Force creation | Enacted |
| SB 720 | 2024 | Intimate deepfake protections | Not enacted |
| SB 198 | 2025 | AI-generated child sexual abuse material; AI-fabricated intimate images | Enacted (signed April 24, 2025) |
| HB 3187 | 2025 | AI Task Force expansion | Enacted (July 2025) |
| SB 454 | 2026 | Intimate deepfake protections (reintroduced) | Pending |
| HB 4770 | 2026 | AI in mental healthcare | Not enacted |
What to Watch in West Virginia
West Virginia's AI policy landscape could change rapidly depending on the Task Force's recommendations. The Task Force is required to submit annual reports through July 2027, and those reports could include proposals for comprehensive AI legislation, deepfake regulation, or employment AI rules.
The state's bipartisan concern about federal preemption suggests that West Virginia lawmakers may prefer to enact their own AI rules rather than defer to federal standards. However, the state's measured pace of legislation means that comprehensive AI rules are unlikely before 2027 at the earliest.
Businesses and individuals in West Virginia should monitor the Task Force's recommendations, keep track of any new bills in future sessions, and ensure compliance with existing federal anti-discrimination and consumer protection laws when deploying AI tools.
More West Virginia Laws
Frequently Asked Questions
Does West Virginia have a comprehensive AI law?
No. West Virginia does not have a comprehensive AI consumer protection or governance law like Colorado's AI Act. Instead, the state created the Task Force on Artificial Intelligence (W. Va. Code 5A-6-9) in 2024 to study AI and recommend policy. The Task Force is set to operate through July 2027 and reports annually to state leadership.
Is AI-generated child pornography illegal in West Virginia?
Yes. Senate Bill 198, signed in April 2025 and effective July 9, 2025, expanded West Virginia's child pornography statutes to cover visual portrayals created in whole or in part by artificial intelligence. Creating or producing the material is a felony under W. Va. Code 61-8C-2 carrying up to 10 years and a fine up to $10,000. Distributing, exhibiting, possessing, or electronically accessing it with intent to view is a felony under W. Va. Code 61-8C-3, with terms graduated by image count: 2 to 5 years for 50 or fewer images, 3 to 15 years for 51 to 299, and 5 to 20 years for 300 or more or for images depicting violence against a child. No intent to distribute is required, so simple possession or online viewing is enough. The law applies even when no real minor is depicted.
Does West Virginia regulate deepfakes in elections?
No. As of March 2026, West Virginia has not enacted any law specifically addressing AI-generated deepfakes in political communications or election campaigns. While approximately 25 states have enacted election deepfake laws, West Virginia is not among them.
Is it illegal to make or share an AI deepfake nude of an adult in West Virginia?
Sharing one is illegal. W. Va. Code 61-8-28a, as amended by SB 198 in 2025, defines a 'fabricated intimate image' as an image of an identifiable person created using artificial intelligence or other computer technology, and it bars knowingly disclosing, causing the disclosure of, or threatening to disclose such an image with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. A first offense is a misdemeanor punishable by up to a year in jail and a fine of $1,000 to $5,000. A second or subsequent offense is a felony punishable by up to three years and a fine of $2,500 to $10,000. Disclosure with the prior written consent of the person depicted is excepted.
Are there AI hiring or employment laws in West Virginia?
No. West Virginia has not enacted laws specifically regulating the use of AI in hiring, employment decisions, or workplace settings. The AI Task Force is studying workforce impacts of AI, but no specific legislation has been proposed. General federal and state anti-discrimination laws still apply to AI-driven employment decisions.
What is the West Virginia AI Task Force and what does it do?
The West Virginia Task Force on Artificial Intelligence was created by HB 5690 (2024) and expanded by HB 3187 (2025). It operates within the Governor's Office and is supported by the Office of Technology. The Task Force studies AI policy, recommends definitions and best practices, assesses workforce impacts, identifies economic opportunities, and proposes legislation to protect individual rights. It meets quarterly and must submit annual reports through July 2027.
Updates
Corrected the SB 198 penalties to the tiered terms actually codified at W. Va. Code 61-8C-2 and 61-8C-3, clarified that possessing or merely viewing AI-generated child sexual abuse material is a felony with no intent to distribute required, and added West Virginia's enacted fabricated intimate image law (W. Va. Code 61-8-28a), which the page had previously reported as nonexistent.
Corrected the cross-state comparison table so Virginia's 'Comprehensive AI Law' status reads 'No' to match the page's own note that HB 2094 was vetoed in 2025, instead of contradictorily reading 'Yes.'
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 61-8C-3Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct or computer-generated child pornography prohibited; penalty.In forcecited in 6 of our articles
(a) Any person who knowingly sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any visual portrayal of a minor engaged in any sexually explicit conduct or computer-generated child pornography is guilty of a felony. (b) It is sufficient for purposes of this section that the material visually portrays a minor, regardless of whether the subject’s age is represented to be less than age 18 years old or whether the minor subject’s actual identity can be ascertained. (c) A visual portrayal created in whole or in part by digital manipulation, artificial intelligence, or any other means may satisfy the requirements of this section. (d) It is not a defense under this section that the minor depicted has attained the age of at least 18 years old at the time of investigation and/or prosecution, as long as the visual portrayal of the minor was originally taken or captured when the subject was under the age of 18 years of age.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- United States v. Gatherum (Court of Appeals for the Fourth Circuit 2009, 338 F. App'x 271)“…ed in sexually explicit conduct.” W. Va. Code Ann. § 61-8C-3. 1 Gatherum contends that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), West Virginia Sexting Laws: Legal Consequences and Penalties, West Virginia Pornography Laws (2026): Age Verification Rules
§ 5A-6-9West Virginia Task Force on Artificial Intelligence.In forcecited in 2 of our articles
(a) As used in this Section, "Task Force" means the West Virginia Task Force on Artificial Intelligence established by this section. (b) The West Virginia Task Force on Artificial Intelligence is created and shall be organized within the Office of the Governor. (c) The Task Force shall be composed of the following members: (1) One ex officio, non-voting member from the House of Delegates, appointed by the Speaker of the House of Delegates. (2) One ex officio, non-voting member from the State Senate, appointed by the President of the Senate. (3) The Chief Information Officer of the Office of Technology or his or her designee. (4) The State Superintendent of Schools or his or her designee. (5) The Chancellor of the West Virginia Higher Education Policy Commission or his or her designee. (6) The Attorney General or his or her designee. (7) The Secretary of the Department of Administration or his or her designee. (8) The Secretary of the Department of Homeland Security or his or her designee. (9) The Secretary of Health or his or her designee.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
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Sources and References
- West Virginia Code 5A-6-9 - Task Force on Artificial Intelligence(code.wvlegislature.gov).gov
- HB 5690 Enrolled - Creating West Virginia Task Force on AI (2024)(wvlegislature.gov).gov
- HB 3187 Enrolled - Expanding AI Task Force (2025)(wvlegislature.gov).gov
- SB 198 - AI-Generated Child Pornography (2025)(wvlegislature.gov).gov
- West Virginia Office of Technology - AI Task Force(technology.wv.gov).gov
- SB 454 - Intimate Deep Fake Media Act (2026)(wvlegislature.gov).gov
- HB 4770 - AI in Mental Healthcare (2026)(wvlegislature.gov).gov
- WV Lawmakers Sign Letter Opposing Federal AI Preemption(westvirginiawatch.com)
- Senator Capito Reintroduces VET AI Act(capito.senate.gov).gov
- Senator Capito - TAKE IT DOWN Act(capito.senate.gov).gov
- W. Va. Code 61-8C-3 - Distribution and exhibiting of material depicting minors; AI subsection (c) and tiered penalties (f)-(i)(code.wvlegislature.gov)
- W. Va. Code 61-8C-2 - Use of minors in filming sexually explicit conduct prohibited; penalties(code.wvlegislature.gov)
- W. Va. Code 61-8-28a - Nonconsensual disclosure of intimate images, including AI-created fabricated intimate images(code.wvlegislature.gov)
- SB 198 Enrolled (2025) - amends 61-8-28a and Article 8C to cover AI-generated material(wvlegislature.gov)