Bill > SB454

This bill, titled the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," establishes new laws in West Virginia to address the creation and spread of "deep fakes," which are realistic manipulated videos or images that falsely appear to show a person saying or doing something they did not. The bill defines "deep fake" as media so convincing that a reasonable person would believe it depicts actual speech or conduct, and its creation relied heavily on technology rather than human impersonation. It also defines "depicted individual" as the person falsely shown in the deep fake, "distribute" as any form of publishing or sharing, "natural person" as a human being, "non-consensual" as without voluntary agreement, and "sexual conduct" to include various explicit acts. The core prohibition makes it illegal to intentionally distribute a deep fake of a person engaging in sexual conduct they did not perform, especially if done with the intent to coerce, harass, intimidate, or damage their reputation, and when the distributor knows or should know it was not consented to. However, the bill includes exceptions for constitutionally protected speech like political commentary, satire, or parody, and for media that clearly discloses it is not a real event. It also clarifies that interactive computer services are not liable for content provided by others, and that these new laws do not prevent prosecution under existing statutes. Penalties for violations range from fines and short jail time to more severe punishments for repeat offenders or those intending to cause harm, and the bill allows for injunctive relief to stop or prevent violations.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=454&year=2026&sessiontype=RS&btype=bill