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AI Laws in West Virginia
As of 2026-08-12, AI Laws USA tracks 7 AI rules in West Virginia: 4 state-level rules and 3 county or city rules. Federal AI protections apply statewide on top of these — see the federal page. Each entry links to its official source.
West Virginia state-level AI rules (4)
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In effect
West Virginia SB 198 (criminalizes AI/computer-generated child pornography)
West Virginia · Effective 2025-07-09 · 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.
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In effect
WVDE Artificial Intelligence Guidance (v1.2)
West Virginia Department of Education · Effective 2025-03-01 · WVDE Artificial Intelligence Guidance (v1.2)
West Virginia's education department published AI guidance supporting superintendents, district staff, and educators in safely integrating generative AI into instruction, administration, and district operations aligned with state board policies.
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In effect
WV DOI AI Bulletin
WV · Effective 2024-08-09 · West Virginia OIC Insurance Bulletin 24-06 (2024-08-09)
The WV Department of Insurance adopted the NAIC Model Bulletin on Use of Artificial Intelligence Systems by Insurers. Insurers licensed in WV must maintain a written AI program with governance, risk-management, testing, third-party-AI oversight, and documentation controls. The bulletin operationalizes existing unfair-trade-practice and unfair-discrimination law as applied to insurers' AI use cases — underwriting, pricing, claims, fraud detection, and marketing.
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In effect
WV Fabricated Intimate Images Law
West Virginia · WV Code § 61-8-28a; WV Code § 55-20
West Virginia's intimate-images law explicitly covers AI-generated 'fabricated intimate images' — images created with AI or computer technology depicting someone's intimate parts. Disclosure or threats to disclose with intent to harass or coerce is a misdemeanor (first offense) and felony for repeats, with civil remedies under a separate uniform act.
County and city AI rules in West Virginia (3)
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Blocked / in litigation
ACLU-WV v. Huntington (Flock contract mandamus)
Huntington, WV · Effective 2026-07-16 · ACLU-WV mandamus petition (relator Gregory Jimison) v. City of Huntington and Mayor Farrell, Cabell County Circuit Court, filed July 16, 2026
On July 16, 2026 — two days after the Huntington City Council approved a $2.1 million Flock Safety surveillance contract 6-4 — the ACLU of West Virginia filed a mandamus petition in Cabell County Circuit Court against the City of Huntington and Mayor Farrell seeking to block the contract. Rather than a constitutional privacy claim, the petition rests on a procurement/property-law theory challenging how the city entered the contract. The relator (the party on whose behalf mandamus is sought) is Huntington resident Gregory Jimison. The case is an early example of surveillance-contract litigation attacking the purchasing process itself.
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In effect
Huntington WV Flock contract approved 6-4 (Jul. 14, 2026)
Huntington, WV · Effective 2026-07-14 · Huntington, WV City Council 6-4 vote, July 14, 2026, approving $2.1M Flock Safety surveillance contract
The Huntington, West Virginia City Council voted 6-4 on July 14, 2026 to approve a $2.1 million contract with Flock Safety for a citywide surveillance package: 40 automated license plate readers, 17 cameras, 2 drones, 2 gunshot detectors, and audio detection capability. The vote came after a council meeting that ran more than 8 hours, at which more than 50 residents spoke in opposition. This entry indexes a government AI surveillance deployment, not a protection; available coverage describes no independent oversight, audit requirement, or data-sharing restrictions attached to the approval. Two days later the ACLU of West Virginia filed a mandamus petition challenging the contract (see litig-aclu-wv-v-huntington-flock-2026).
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In effect
Monongalia County Commission approves Flock Safety automated
Monongalia County, WV · Effective 2025-12-10 · Monongalia County Commission approves Flock Safety automated license plate reader (ALPR) surveillance program
The Monongalia County Commission voted on December 10, 2025 to approve a three-year contract using $60,000 in opioid settlement funds for 20 Flock Safety automated license plate reader cameras, over resident privacy objections.
West Virginia city guides
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