Virginia SB 731 (AI/computer-generated CSAM covered)

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

Status
In effect
Took effect
July 1, 2024
Applies to
Any person who produces, distributes, finances, possesses, or otherwise deals in child pornography as defined.
Enforced by
Commonwealth's Attorneys / local prosecutors; Virginia courts.

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.

Who is protected: Minors and the public interest in preventing child sexual abuse material, including wholly synthetic or AI-generated depictions.

Legal 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.

Key facts

JurisdictionVirginia
LevelState
StrengthLimited
EnactedMarch 28, 2024
CitationVa. Code 18.2-374.1; SB 731 (2024), Va. Acts c. 262
Private right of actionNo, agency enforcement only
PenaltiesNo new penalty created; existing felony penalties under Va. Code 18.2-374.1 and 18.2-374.1:1 apply.
Topicschildren's online safety · AI-generated images
StatuteCode of Virginia 18.2-374.1 — Production, publication, sale, financing, etc., of child pornography

More AI rules in Virginia

Related children's online safety rules elsewhere

See something wrong or out of date?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