West Virginia Senate Bill 198 — Prohibiting Artificially Generated Child Pornography
West Virginia · S.B. 198, 2025 Reg. Sess. (W. Va.); W. Va. Code 61-8C-12
West Virginia made it a crime to create, produce, distribute, or possess with intent to distribute computer-generated or AI-generated child pornography, even when no real child was used. The law specifies that it is not a defense that an actual minor does not exist, and treats a depiction that appears to be a person under 18 as covered. Violations carry one to ten years of imprisonment and a fine of up to $20,000.
Technical detail
SB 198 (2025 Reg. Sess.) adds W. Va. Code 61-8C-12, criminalizing the creation, production, distribution, or possession with intent to distribute of AI- or computer-generated child pornography and providing that the nonexistence of an actual minor is not an element of the offense.
Who is protected: Children generally, as a class, against AI-generated and computer-generated sexual exploitation material.
Who must comply: Any person.
Key facts
| Jurisdiction | West Virginia |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-07-09 |
| Enacted | 2025-04-24 |
| Citation | S.B. 198, 2025 Reg. Sess. (W. Va.); W. Va. Code 61-8C-12 |
| Enforced by | West Virginia prosecuting attorneys and law enforcement. |
| Private right of action | No — agency enforcement only |
| Penalties | Imprisonment for one to ten years, a fine of up to $20,000, or both. |
| Topics | children's online safety · AI-generated images |
| Last verified | 2026-06-16 |
| Official source | West Virginia Senate Bill 198 (2025 Regular Session) — bill text and status ↗ |
More AI rules in West Virginia
- WV Fabricated Intimate Images Law · In effect
Related children's online safety rules elsewhere
- TAKE IT DOWN Act · In effect
- COPPA + 2025 Rule (childrens data) · In effect
- AI Companion Safeguards Law · In effect
- CT SB 5 (2026 AI Act) · Enacted (not yet in effect)
- SB 1546 (OR Chatbot Safety) · Enacted (not yet in effect)
- SB 540 (GA Chatbot Safety) · Enacted (not yet in effect)
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