Virginia HB 2678 (deepfake nude/explicit images become a crime)
Virginia HB 2678 (2019) — Unlawful Dissemination or Sale of Images of Another, Amended to Cover Deepfakes
Virginia · Va. Code 18.2-386.2; HB 2678 (2019), Va. Acts ch. 490 (identical SB 1736 enacted as ch. 515)
- Status
- In effect
- Took effect
- July 1, 2019
- Applies to
- Any person who distributes or sells such images of another with intent to coerce, harass, or intimidate.
- Enforced by
- Commonwealth's Attorneys / local prosecutors (criminal enforcement); Virginia courts.
Virginia made it a crime to share or sell a fabricated nude or sexually explicit image of a real, identifiable person without their consent. The 2019 amendment covered 'deepfakes' and other doctored media: it no longer matters that the explicit image was synthesized or altered, only that it depicts an actual person who is recognizable. Doing so with intent to coerce, harass, or intimidate is a Class 1 misdemeanor.
Who is protected: Identifiable real individuals depicted in fabricated, adapted, or altered nude or sexually explicit images, including AI-generated deepfakes.
Legal detail
HB 2678 (2019, Va. Acts cc. 490, 515) amended Va. Code 18.2-386.2 so that 'another person' includes a person whose image was used to create, adapt, or modify a videographic or still image intended to depict, and recognizable as, an actual person; the offense remains a Class 1 misdemeanor.
Key facts
| Jurisdiction | Virginia |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | March 18, 2019 |
| Citation | Va. Code 18.2-386.2; HB 2678 (2019), Va. Acts ch. 490 (identical SB 1736 enacted as ch. 515) |
| Private right of action | No, agency enforcement only |
| Penalties | Class 1 misdemeanor (up to 12 months in jail and/or a fine of up to $2,500). |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes |
| Statute | Code of Virginia 18.2-386.2 — Unlawful dissemination or sale of images of another; penalty |
More AI rules in Virginia
- Virginia FY2026-2028 Biennial Budget: Data Center Electricity Tax… · Enacted (not yet in effect)
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Virginia IVO AI Safety Study (SB 384/HB 797, 2026) · In effect
- Virginia VITA EA400 AI Utilization Policy (Executive Branch AI deployment standard, 2026) · In effect
- Virginia SCC data center transmission cost order (2026) · In effect
- Virginia § 15.2-2209.5 data center siting disclosure law (2026) · In effect
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.