Virginia SB 731 (2024) — Child Pornography Definition Clarified to Cover Computer-Generated Images of Minors
Virginia · Va. Code 18.2-374.1; SB 731 (2024), Va. Acts c. 262
Virginia clarified that its definition of child pornography reaches computer-generated and synthetic depictions of minors. For the prong covering a minor shown in a state of nudity or engaged in sexual conduct, the minor depicted 'does not have to actually exist,' ensuring AI-generated or fabricated child sexual abuse material falls within existing criminal prohibitions. The existing felony penalties apply.
Technical detail
SB 731 (2024, Va. Acts c. 262) amended Va. Code 18.2-374.1 so that, for material depicting a minor in a state of nudity or engaged in sexual conduct, 'the minor depicted does not have to actually exist,' bringing computer-generated/synthetic depictions within the child-pornography definition.
Who is protected: Minors and the public interest in preventing child sexual abuse material, including wholly synthetic or AI-generated depictions.
Who must comply: Any person who produces, distributes, finances, possesses, or otherwise deals in child pornography as defined.
Key facts
| Jurisdiction | Virginia |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2024-07-01 |
| Enacted | 2024-03-28 |
| Citation | Va. Code 18.2-374.1; SB 731 (2024), Va. Acts c. 262 |
| Enforced by | Commonwealth's Attorneys / local prosecutors; Virginia courts. |
| Private right of action | No — agency enforcement only |
| Penalties | No new penalty created; existing felony penalties under Va. Code 18.2-374.1 and 18.2-374.1:1 apply. |
| Topics | children's online safety · AI-generated images |
| Last verified | 2026-06-16 |
| Official source | Code of Virginia 18.2-374.1 — Production, publication, sale, financing, etc., of child pornography ↗ |
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- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
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