West Virginia AI Laws and Regulation (2026)

West Virginia is taking a deliberate, study-first approach to artificial intelligence regulation. Rather than passing sweeping AI legislation, the state created a formal Task Force on Artificial Intelligence in 2024 to research the technology and recommend policy. The state has, however, moved decisively on one critical issue: criminalizing AI-generated child sexual abuse material through SB 198 in 2025.

As of March 2026, West Virginia has no comprehensive AI consumer protection law, no employment AI regulations, and no election deepfake disclosure requirements. The state's legislative approach relies on its Task Force to build informed policy before committing to binding regulations. This article is for informational purposes only. Consult an attorney for advice specific to your situation.

The West Virginia Task Force on Artificial Intelligence

West Virginia's primary AI governance mechanism is the Task Force on Artificial Intelligence, created by House Bill 5690 during the 2024 Regular Session. Governor Jim Justice signed the bill into law, and it became effective 90 days after passage. The Task Force is codified at W. Va. Code 5A-6-9.

The Task Force is organized within the Office of the Governor. The West Virginia Office of Technology provides administrative and technical support for the group's operations.

Task Force Responsibilities

The original Task Force mandate under HB 5690 included several core responsibilities. The group must recommend a definition of artificial intelligence for use in future legislation. It must determine which state agency or agencies should develop and oversee AI policy and its implementation.

The Task Force must also identify public interest use cases for artificial intelligence, develop best practices for public sector AI use in West Virginia, and recommend legislation to protect individual rights, civil liberties, and consumer data as they relate to generative artificial intelligence.

Beyond governance questions, the Task Force was tasked with recommending model policies for schools to address student use of AI in the classroom and assessing the use of AI in the workforce, including effects on employment levels and types of employment.

HB 3187: Expanding the Task Force (2025)

During the 2025 Regular Session, the legislature passed House Bill 3187 to expand and extend the Task Force. The bill passed the House on March 21, 2025, and the Senate on April 10, 2025, taking effect on July 9, 2025.

HB 3187 made several significant changes. It extended the Task Force's termination date to July 1, 2027, giving it additional time to complete its work. It added a new responsibility: identifying economic opportunities related to AI that the state may support or promote.

The bill also established a formal meeting schedule. The Task Force must hold its first meeting no later than 120 days after the effective date and meet quarterly thereafter. Members may attend meetings in person or online. The Task Force must submit an annual report to state leadership by July 1 each year.

Task Force Membership

The Task Force includes representatives from multiple sectors of West Virginia's government and economy. The Governor designates the Chair. Members include representatives from state agencies, the technology sector, education, healthcare, and other relevant fields. This diverse membership is intended to ensure that AI policy recommendations reflect the needs and concerns of a broad cross-section of the state.

AI-Generated Child Sexual Abuse Material (SB 198)

West Virginia took strong action against one specific AI threat in 2025. Senate Bill 198, introduced by Senate Education Chair Amy Grady (R-Mason), criminalized AI-generated child sexual abuse material. The bill passed both chambers with unanimous, bipartisan support and was signed into law in April 2025.

Legislative Findings

The legislature found that the use of artificial intelligence products to create lifelike, seemingly real media representations of children engaging in sexually explicit conduct is a growing problem. Lawmakers determined that such material promotes illegal sexual conduct against children, and that criminalizing AI-generated child pornography is the most effective means of protecting West Virginia children.

What the Law Prohibits

SB 198 expanded the definition of child pornography under West Virginia law to include digitally created images and depictions of minors engaged in illicit sexual acts, regardless of whether an actual person was filmed or photographed. The law criminalizes the creation, production, distribution, or possession with intent to distribute AI-generated visual depictions of child sexual abuse material.

Penalties

Offense	Fine	Imprisonment
Creation or production of AI-generated CSAM	Up to $20,000	1 to 10 years
Distribution of AI-generated CSAM	Up to $20,000	1 to 10 years
Possession with intent to distribute	Up to $20,000	1 to 10 years

West Virginia became one of approximately 45 states with laws specifically criminalizing some form of AI-generated child sexual abuse material when SB 198 took effect.

Deepfake and Synthetic Media Proposals

West Virginia does not currently have enacted laws addressing deepfakes in elections or non-consensual intimate deepfakes of adults. However, the legislature has considered bills in both areas.

SB 720: Intimate Deepfake Media (2024, Not Enacted)

Senate Bill 720 was introduced during the 2024 Regular Session to create the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act. The bill would have defined intimate deepfake media, established how violations occur, provided for safe harbor and severability provisions, imposed penalties, and allowed injunctive relief for victims.

SB 720 did not advance through the legislature during the 2024 session.

SB 454: Intimate Deepfake Media (2026, Pending)

The legislature reintroduced intimate deepfake protections during the 2026 Regular Session as Senate Bill 454. Like its predecessor SB 720, the bill aims to create the Stop Non-Consensual Distribution of Intimate Deep Fake Media Act with provisions covering definitions, violations, construction, safe harbor, severability, penalties, and injunctive relief.

As of March 2026, the 2026 Regular Session has adjourned sine die, and the status of SB 454 remains uncertain. West Virginia residents seeking protection from non-consensual intimate deepfakes currently rely on existing revenge porn statutes, which may not explicitly cover AI-generated content.

Election Deepfakes

West Virginia has not enacted laws specifically addressing AI-generated deepfakes in election communications. As of early 2026, approximately 25 states had enacted laws regulating deepfakes in political communications. West Virginia is not among them. The state's existing election and campaign finance laws do not contain specific provisions for AI-generated or AI-altered media.

AI in Employment and Hiring

West Virginia has not enacted any laws specifically regulating the use of artificial intelligence in employment, hiring, or other workplace decisions. States like Colorado, Illinois, and New York City have moved to regulate AI-powered hiring tools, but West Virginia has taken no comparable legislative action.

The AI Task Force's mandate does include assessing the use of artificial intelligence in the workforce and its effect on employment levels, types of employment, and the deployment of workers. Any policy recommendations in this area would come through the Task Force's reports rather than through standalone legislation.

Employers in West Virginia that use AI-powered hiring or employment tools should be aware that while no state-specific AI employment law exists, general anti-discrimination protections under state and federal law still apply. The Equal Employment Opportunity Commission has issued guidance indicating that employers can be liable for discrimination caused by AI tools even if the employer did not intend to discriminate.

AI in Healthcare

West Virginia has not enacted laws specifically governing AI use in healthcare settings. However, the 2026 legislative session included a significant proposal in this area.

HB 4770: AI in Mental Healthcare (2026, Not Enacted)

House Bill 4770, introduced in January 2026 by Delegates Worrell, Hite, and Petitto, would have established limitations on the use of AI technology to deliver mental health care. The bill was referred to the Committee on Health and Human Resources, then to the Finance Committee.

The bill included several notable provisions. It would have prohibited operators or licensed professionals from using AI to assist in therapy or psychotherapy sessions where sessions are recorded or transcribed, unless the patient is informed in writing about the AI use and its specific purpose.

Additionally, therapy or psychotherapy services would not have been permitted to design, market, or present any AI system that could reasonably cause a person to believe the system is a licensed professional or crisis service. Healthcare services would not have been permitted to use AI to diagnose, develop, or modify treatment plans.

HB 4770 also included a provision requiring one member of the AI Task Force to be a healthcare practitioner licensed to provide mental health care in West Virginia with knowledge of AI in clinical practice. The bill set an effective date of January 1, 2027, but it did not advance out of committee before the session adjourned.

Federal AI Policy and West Virginia

Federal AI policy developments have direct implications for West Virginia, even as the state develops its own approach.

Opposition to Federal Preemption

In November 2025, four members of the West Virginia Legislature signed onto a national bipartisan letter opposing federal preemption of state AI regulations. The signers included Sen. Patricia Rucker (R-Jefferson), Dels. Kayla Young (D-Kanawha), Bill Ridenour (R-Jefferson), and Margitta Mazzocchi (R-Logan).

The letter opposed a policy under consideration by Congress that would allow the federal government to preempt state regulations on artificial intelligence. This stance reflects a bipartisan concern in West Virginia that states should retain authority over their own AI policy decisions.

Federal Legislation Involving West Virginia Lawmakers

At the federal level, West Virginia lawmakers have been active on AI policy. U.S. Senator Shelley Moore Capito (R-W.Va.) co-sponsored the Validation and Evaluation for Trustworthy Artificial Intelligence (VET AI) Act with Senator John Hickenlooper (D-Colo.). The bill aims to create AI guidelines and standards at the federal level.

Senator Capito also co-introduced the TAKE IT DOWN Act, a federal bill targeting non-consensual intimate image abuse, including AI-generated deepfakes. The bill would require social media platforms to remove such content upon notification from a victim.

Executive Order 14365

On December 11, 2025, President Trump issued Executive Order 14365, directing the Department of Justice to establish an AI Litigation Task Force. While this order primarily targets states with comprehensive AI regulations like Colorado, it could affect West Virginia's future AI legislative efforts. The order does carve out child safety protections, which means West Virginia's SB 198 (AI-generated CSAM law) would likely be shielded from federal preemption challenges.

Comparison With Neighboring States

West Virginia's approach to AI regulation differs significantly from some of its neighbors.

State	Comprehensive AI Law	Deepfake Laws	Employment AI Law
West Virginia	No (Task Force studying)	No (proposed only)	No
Virginia	Yes (HB 2094, vetoed 2025)	Pending	Pending
Pennsylvania	No	Pending	No
Ohio	No	Yes (election deepfakes)	No
Kentucky	No	Pending	No
Maryland	No	Yes (election deepfakes)	Pending

West Virginia's Task Force approach mirrors that of several other states that prefer to study AI before regulating it. The state's relatively small technology sector and focus on traditional industries may contribute to the measured legislative pace.

Summary of West Virginia AI Laws and Proposals

Law/Bill	Year	Subject	Status
HB 5690	2024	AI Task Force creation	Enacted
SB 720	2024	Intimate deepfake protections	Not enacted
SB 198	2025	AI-generated child sexual abuse material	Enacted (April 2025)
HB 3187	2025	AI Task Force expansion	Enacted (July 2025)
SB 454	2026	Intimate deepfake protections (reintroduced)	Pending
HB 4770	2026	AI in mental healthcare	Not enacted

What to Watch in West Virginia

West Virginia's AI policy landscape could change rapidly depending on the Task Force's recommendations. The Task Force is required to submit annual reports through July 2027, and those reports could include proposals for comprehensive AI legislation, deepfake regulation, or employment AI rules.

The state's bipartisan concern about federal preemption suggests that West Virginia lawmakers may prefer to enact their own AI rules rather than defer to federal standards. However, the state's measured pace of legislation means that comprehensive AI rules are unlikely before 2027 at the earliest.

Businesses and individuals in West Virginia should monitor the Task Force's recommendations, keep track of any new bills in future sessions, and ensure compliance with existing federal anti-discrimination and consumer protection laws when deploying AI tools.

More West Virginia Laws

• West Virginia Recording Laws
• [West Virginia Data Privacy Laws](/us-laws/data-privacy-laws/west-virginia-data-privacy-laws)
• West Virginia Surveillance Camera Laws
• West Virginia Background Check Laws
• West Virginia Whistleblower Laws