West Virginia SB 198 (criminalizes AI/computer-generated child pornography)
West Virginia Senate Bill 198 — Prohibiting Artificially Generated Child Pornography
West Virginia · S.B. 198, 2025 Reg. Sess. (W. Va.); W. Va. Code 61-8C-12
- Status
- In effect
- Took effect
- July 9, 2025
- Applies to
- Any person.
- Enforced by
- West Virginia prosecuting attorneys and law enforcement.
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.
Who is protected: Children generally, as a class, against AI-generated and computer-generated sexual exploitation material.
Legal detail
SB 198 (2025 Reg. Sess.) adds W. Va. Code 61-8C-12, criminalizing the creation, production, distribution, or possession with intent to distribute of AI- or computer-generated child pornography and providing that the nonexistence of an actual minor is not an element of the offense.
Key facts
| Jurisdiction | West Virginia |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | April 24, 2025 |
| Citation | S.B. 198, 2025 Reg. Sess. (W. Va.); W. Va. Code 61-8C-12 |
| Private right of action | No, agency enforcement only |
| Penalties | Imprisonment for one to ten years, a fine of up to $20,000, or both. |
| Topics | children's online safety · AI-generated images |
| Bill text | West Virginia Senate Bill 198 (2025 Regular Session) — bill text and status |
More AI rules in West Virginia
- West Virginia 20-year data center development plan (2026) · In effect
- WV Fabricated Intimate Images Law · In effect
Related children's online safety rules elsewhere
- PA v. Character.AI (Fake Psychiatrist Chatbot) · Blocked / in litigation
- RI AI Companion Self-Harm Safety (2026) · Enacted (not yet in effect)
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- Oregon SB 1546 (AI companion chatbot disclosure + private right of action) · Enacted (not yet in effect)
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Blanchester OH schools AI policy EDEC (Jun. 29, 2026) · In effect
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