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

JurisdictionVirginia
LevelState
StrengthLimited
EnactedMarch 18, 2019
CitationVa. Code 18.2-386.2; HB 2678 (2019), Va. Acts ch. 490 (identical SB 1736 enacted as ch. 515)
Private right of actionNo, agency enforcement only
PenaltiesClass 1 misdemeanor (up to 12 months in jail and/or a fine of up to $2,500).
Topicsnon-consensual intimate imagery · AI-generated images · deepfakes
StatuteCode of Virginia 18.2-386.2 — Unlawful dissemination or sale of images of another; penalty

More AI rules in Virginia

Related non-consensual intimate imagery rules elsewhere

See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.