HB 5548, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," prohibits distributing deepfake videos or images that falsely depict a person engaging in non-consensual sexual conduct without their permission. It targets individuals who intentionally share such content to coerce, harass, or damage reputations, with penalties including fines up to $10,000 or up to five years in prison for repeat offenses. The law explicitly excludes constitutionally protected speech like political satire, commentary, or media with clear disclosures that it is manipulated. It also allows affected individuals or officials to seek court orders to stop violations.
HB 5205 requires West Virginia's State Board of Education to develop model policies for technology and artificial intelligence (AI) use in public school classrooms. It directly affects all K-12 public schools (including district, charter, and specialized schools), county education boards, teachers, and parents. Key provisions include mandating that instructional technology must support learning without distracting students, minimizing non-essential screen time, requiring transparency for parents about digital tools used, and adopting an AI-specific policy by July 2027. The bill also sets criteria for technology approval, such as evidence of educational value and safety for student development, and requires public hearings before county boards adopt policies.
SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.
HB 4770 prohibits the use of AI companions (systems designed to simulate human relationships through personalized, ongoing emotional interactions) in delivering mental health therapy services. It requires explicit, written consent for any AI use in mental health care, banning such tools from diagnosing, treating, or claiming to treat conditions. The law applies to all health insurance policies issued or renewed after January 1, 2027, affecting mental health providers and insurers. Exceptions allow AI for administrative tasks (e.g., scheduling) but not for direct therapy or emotional engagement.
HB 4682, the Fourth Amendment Restoration Act, prohibits West Virginia law enforcement officers and local government officials from using specific surveillance and artificial intelligence technologies without a warrant. It bans real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools for law enforcement purposes unless a court issues a warrant based on probable cause. Violators face felony charges with penalties including up to one year in prison and $10,000 fines per violation. The bill also allows individuals to sue officials who violate these restrictions and requires immediate discontinuation of existing use of banned technologies by all local governments. The law takes effect immediately upon passage.
HCR 4 requests West Virginia's Joint Committee on Technology & Infrastructure to establish a Genesis Working Group. This group will coordinate statewide planning for artificial intelligence, high-performance computing, digital infrastructure, and energy-based economic development, aligning with federal initiatives. The working group will focus on state readiness, energy-resource integration, broadband expansion, and site identification for digital infrastructure projects. The resolution does not create new laws but directs state agencies and legislators to collaborate on strategic planning.
HB 4496 requires creators and distributors of AI-generated media (such as videos, audio, or images) to include clear, visible disclosures identifying the content as artificial intelligence-generated. This applies to any public-facing media created or materially altered by AI, mandating specific disclosures like a 3-second on-screen label for videos or a spoken statement for audio content. Exceptions include internal research, basic AI-assisted editing (e.g., spell-check), and privately shared personal content. Violations could result in civil penalties of up to $100,000 per day for organizations or $1,000 per day for individuals.
SB 70 prohibits West Virginia state agencies and their employees or contractors (except law enforcement officers acting in their official capacity) from using or accessing social media platforms, applications, or artificial intelligence tools owned by entities located in "foreign countries of concern" (nations designated by U.S. regulations as adversaries). The bill bans downloading, using, or accessing such foreign-owned software on state-owned or leased internet-capable devices, including social media platforms owned by entities in designated adversary nations. It includes a waiver process allowing the Secretary of State to grant exceptions for specific job duties. The law aims to protect state government systems, citizen data, and access to government services from potential cyberattacks or surveillance by foreign entities.
