West Virginia
West Virginia AI Laws: What's Enacted and What's Next (2027)
Independently fact-checked against primary sources (last audited November 5, 2026). · Law checked current as of November 5, 2026. · 13 primary sources cited on this page. How we verify our legal content
As of November 2026, West Virginia has not enacted a comprehensive AI law. Its AI-specific law is the West Virginia Task Force on Artificial Intelligence (HB 5690, W. Va. Code 5A-6-9), set to terminate July 1, 2027, and SB 198 (2025), which wrote AI into the state's child pornography and intimate-image crimes. On October 14, 2026, Attorney General McCuskey sued OpenAI under the state's consumer protection law, not an AI statute.
This page covers West Virginia state law on artificial intelligence. Deepfakes and AI meeting recorders get short summaries here and have their own pages. For other states and the national picture, see our guide to state and federal AI laws.
West Virginia AI Laws at a Glance
| Law or action | What it does | Status as of November 4, 2026 |
|---|---|---|
| HB 5690 (2024), W. Va. Code 5A-6-9 | Creates the AI Task Force | In force; Task Force terminates July 1, 2027 |
| HB 3187 (2025) | Adds economic opportunities, annual reports, 2027 end date | In effect since July 9, 2025 |
| SB 198 (2025) | AI in child pornography and intimate-image crimes | In effect since July 9, 2025 |
| Insurance Bulletin 24-06 | Regulator guidance on insurers' AI systems | Issued August 9, 2024; guidance, not a statute |
| State v. OpenAI Global, LLC | Attorney General's consumer protection suit | Filed October 14, 2026 |
The West Virginia Task Force on Artificial Intelligence (HB 5690)
W. Va. Code 5A-6-9 creates the Task Force within the Office of the Governor, with the Governor designating its chair and the Office of Technology providing support. HB 5690 was approved March 27, 2024, and took effect June 2, 2024.
Its listed work includes "assessing the use of artificial intelligence in the workforce and its effect on employment levels, types of employment, and the deployment of workers" and "taking an inventory of the current or proposed use of artificial intelligence within state agencies." The Task Force must meet quarterly and submit "an annual electronic report by July 1." We read no enforcement or rulemaking power in it. We did not locate the 2025 or 2026 annual reports.
HB 3187: What the 2025 Amendment Changed
HB 3187 was approved April 25, 2025, and took effect July 9, 2025. It added duty (e)(10), to "identify economic opportunities related to AI that the state may support or promote," required the annual report and set the July 1, 2027 termination date.
The 2024 law already included the workforce assessment and the state agency inventory, as the enrolled HB 5690 shows.
SB 198: AI in West Virginia Criminal Law
SB 198 took effect July 9, 2025. "Computer-generated child pornography" means either a visual portrayal of an identifiable minor created, adapted or modified to depict the minor in sexually explicit conduct, or a portrayal that appears to depict a minor in such conduct if it is created by AI or other computer technology and is indistinguishable from a minor.
W. Va. Code 61-8-28a covers a "fabricated intimate image," meaning an image of an identifiable person "created by the use of artificial intelligence or other computer technology" that depicts computer-generated intimate parts, or another person's, as that person's. It bars knowingly and intentionally disclosing, causing to be disclosed or threatening to disclose one, with intent to harass, intimidate, threaten, humiliate, embarrass or coerce.
A first conviction is a misdemeanor, with up to one year in jail, a fine of $1,000 to $5,000, or both. A second or later conviction is a felony. See our West Virginia deepfake laws page for the full penalties and exceptions.
Insurance Bulletin 24-06
The Insurance Commissioner issued Bulletin 24-06, "Artificial Intelligence Systems," on August 9, 2024. It says decisions affecting consumers that are made or supported by AI systems "must comply with all applicable state insurance laws and rules."
It adds that authorized insurers "should develop, implement, and maintain a written program." A bulletin states a regulator's expectations under existing law. It is not a new law.
West Virginia v. OpenAI: The Attorney General's Suit
Attorney General McCuskey announced the suit on October 14, 2026. The complaint, State of West Virginia v. OpenAI Global, LLC, No. CC-26-2026-C-70, was filed that day in Mason County Circuit Court.
It alleges violations of the West Virginia Consumer Credit and Protection Act, W. Va. Code 46A-6-101 et seq., and common law. Its opening paragraph says it seeks injunctive relief, restitution and disgorgement, abatement of a public nuisance, civil penalties where authorized, damages, costs and fees. Paragraph 39 says the State does not seek compensatory damages for personal injury, wrongful death or other losses personal to any individual resident, and the prayer for relief does not list damages. These are allegations. We read the complaint as filed and did not find later docket activity.
Attorneys general in Arizona, Arkansas, Idaho, Iowa, Montana, Nebraska and West Virginia announced separate suits against OpenAI on October 14, 2026. Official releases from several of those states also name Kansas.
West Virginia AI Bills That Did Not Pass (2026)
As of November 4, 2026, the legislature's 2026 bill list still labels these bills "Pending" in committee. None shows enactment, and the 2026 regular session has ended.
| Bill | Subject | Last action on the bill page |
|---|---|---|
| HB 4770 | Limits on AI to deliver mental health care | To House Finance, February 3, 2026, after a substitute was reported from committee |
| HB 4496 | Identifying marker on AI-created videos | To House Judiciary, January 19, 2026 |
| SB 454 | Intimate deepfake media | To Senate Judiciary, January 16, 2026 |
| HB 5205 | Model school AI and technology policies | To House Education, February 5, 2026 |
AI in Hiring, Health Care and Chatbots in West Virginia
We did not find an enacted West Virginia statute written specifically for AI in hiring, AI in health care, companion chatbots, AI disclosure or labeling, or frontier AI models. We checked the legislature's bill pages for the candidates above and scanned the short titles on its 2026 bill list. We also ran keyword searches on a stored copy of the West Virginia Code retrieved July 30, 2026.
Those searches found AI mentioned elsewhere only in program, tax credit and data center sections, and a title scan can miss a provision inside a broader bill. We also did not find an AI executive order on the governor.wv.gov pages we opened. Laws that do not mention AI can still apply to AI use.
AI Note-Takers and Recording in West Virginia
AI meeting assistants raise a recording-consent question. See our West Virginia AI meeting recording laws page for how West Virginia law applies to them.
How Federal AI Policy Affects West Virginia
As of November 4, 2026, we found no federal statute in the public laws of the 119th Congress that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid. See our state AI law preemption tracker.
What Changes in West Virginia AI Law in 2027
As of November 4, 2026, we found no new AI law scheduled to take effect in West Virginia in 2027; we searched the legislature's bill pages and 2026 bill list and a stored copy of the state code for the 2025 and 2026 sessions. The one dated change is the Task Force's end.
- July 1, 2027: W. Va. Code 5A-6-9(j) says the Task Force terminates. The same section makes an annual report due by July 1. A later act could change the date, but we found none.
- OpenAI suit: The Mason County case was filed in October 2026, and we found no ruling.
- 2027 session: We found no AI bill from 2026 still moving.
More West Virginia Laws
- West Virginia Recording Laws
- West Virginia Data Privacy Laws
- West Virginia Surveillance Camera Laws
- West Virginia Background Check Laws
- West Virginia Whistleblower Laws
- West Virginia Deepfake Laws
- West Virginia AI Meeting Recording Laws
Frequently Asked Questions
Does West Virginia have an AI law?
West Virginia has no comprehensive AI law as of November 2026. Its AI-specific statutes are the Task Force on Artificial Intelligence (W. Va. Code 5A-6-9) and the 2025 SB 198 amendments to its criminal code.
When does the West Virginia AI Task Force end?
W. Va. Code 5A-6-9 says the Task Force terminates July 1, 2027. HB 3187 set that date in 2025.
Are AI-generated intimate images illegal in West Virginia?
W. Va. Code 61-8-28a bars knowingly and intentionally disclosing, causing to be disclosed or threatening to disclose a fabricated intimate image of another with intent to harass, intimidate, threaten, humiliate, embarrass or coerce. A first conviction is a misdemeanor and a second or later conviction is a felony.
Did West Virginia sue OpenAI?
Yes. The Attorney General filed State of West Virginia v. OpenAI Global, LLC in Mason County Circuit Court on October 14, 2026, under the Consumer Credit and Protection Act and common law. The claims are allegations, and the suit does not rest on an AI statute.
Does West Virginia regulate AI in hiring or health care?
We did not find an enacted West Virginia statute written specifically for either as of November 4, 2026. HB 4770, on AI in mental health care, did not become law in 2026. The Task Force is assigned to assess AI's effect on the workforce, which is a study duty.
Does West Virginia regulate insurers' use of AI?
Insurance Bulletin 24-06, issued August 9, 2024, says AI-supported decisions must comply with existing insurance laws and rules and says insurers should maintain a written program. It is guidance, not a statute.
Updates
Corrected what HB 3187 added to the Task Force, corrected the status of SB 454 and HB 4770, and added Insurance Bulletin 24-06 and the Attorney General's October 14, 2026 suit against OpenAI.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the SB 198 penalties to the tiered terms actually codified at W. Va. Code 61-8C-2 and 61-8C-3, clarified that possessing or merely viewing AI-generated child sexual abuse material is a felony with no intent to distribute required, and added West Virginia's enacted fabricated intimate image law (W. Va. Code 61-8-28a), which the page had previously reported as nonexistent.
Corrected the cross-state comparison table so Virginia's 'Comprehensive AI Law' status reads 'No' to match the page's own note that HB 2094 was vetoed in 2025, instead of contradictorily reading 'Yes.'
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 61-8C-3Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct or computer-generated child pornography prohibited; penalty.In forcecited in 8 of our articles
(a) Any person who knowingly sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any visual portrayal of a minor engaged in any sexually explicit conduct or computer-generated child pornography is guilty of a felony. (b) It is sufficient for purposes of this section that the material visually portrays a minor, regardless of whether the subject’s age is represented to be less than age 18 years old or whether the minor subject’s actual identity can be ascertained. (c) A visual portrayal created in whole or in part by digital manipulation, artificial intelligence, or any other means may satisfy the requirements of this section. (d) It is not a defense under this section that the minor depicted has attained the age of at least 18 years old at the time of investigation and/or prosecution, as long as the visual portrayal of the minor was originally taken or captured when the subject was under the age of 18 years of age.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- United States v. Gatherum (Court of Appeals for the Fourth Circuit 2009, 338 F. App'x 271)“…ed in sexually explicit conduct.” W. Va. Code Ann. § 61-8C-3. 1 Gatherum contends that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Age of Consent Laws: Statutes, Penalties, Reporting, West Virginia Deepfake Laws: Are Deepfakes Illegal? (2027), West Virginia Sexting Laws: Legal Consequences and Penalties
§ 5A-6-9West Virginia Task Force on Artificial Intelligence.In forcecited in 2 of our articles
(a) As used in this Section, "Task Force" means the West Virginia Task Force on Artificial Intelligence established by this section. (b) The West Virginia Task Force on Artificial Intelligence is created and shall be organized within the Office of the Governor. (c) The Task Force shall be composed of the following members: (1) One ex officio, non-voting member from the House of Delegates, appointed by the Speaker of the House of Delegates. (2) One ex officio, non-voting member from the State Senate, appointed by the President of the Senate. (3) The Chief Information Officer of the Office of Technology or his or her designee. (4) The State Superintendent of Schools or his or her designee. (5) The Chancellor of the West Virginia Higher Education Policy Commission or his or her designee. (6) The Attorney General or his or her designee. (7) The Secretary of the Department of Administration or his or her designee. (8) The Secretary of the Department of Homeland Security or his or her designee. (9) The Secretary of Health or his or her designee.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-8C-2Use of minors in filming sexually explicit conduct prohibited; penalty.In forcecited in 3 of our articles
(a) Any person who causes or knowingly permits, uses, persuades, induces, entices, or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct is guilty of a felony when the act is being used to create a visual portrayal. Upon conviction thereof, such person shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both fined and imprisoned. (b) Any person who creates a visual portrayal of a minor engaging in any sexually explicit conduct is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned in the penitentiary not more than 10 years, or both fined and imprisoned. (c) Any parent, legal guardian, or person having custody and control of a minor, who creates a visual portrayal of such minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices, or coerces such minor child to engage in or assist in any sexually explicit act is guilty of a felony when such act is used to create a visual portrayal.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2011
Opinions citing this section in our collection:
- Bellotte v. Edwards (Court of Appeals for the Fourth Circuit 2011, 629 F.3d 415)“…icit conduct, undoubtedly a form of sexual child abuse. See W. Va. Code § 61-8C-2(a) ("Any person who causes or knowingly…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61-8C-1Definitions.In forcecited in 5 of our articles
(a) For the purposes of this article: (1) “Minor” means any child under 18 years of age. (2) “Knowledge” means knowing or having reasonable cause to know which warrants further inspection or inquiry. (3) “Sexually explicit conduct” includes any of the following, whether actually performed or simulated: (A) Genital to genital intercourse; (B) Fellatio; (C) Cunnilingus; (D) Anal intercourse; (E) Oral to anal intercourse; (F) Bestiality; (G) Masturbation; (H) Sadomasochistic abuse, including, but not limited to, flagellation, torture, or bondage; (I) Excretory functions in a sexual context; or (J) Exhibition of the genitals, pubic, or rectal areas of any person in a sexual context. (4) “Person” means an individual, partnership, firm, association, corporation, or other legal entity: Provided, That this term does not apply to the provider of an interactive computer service as defined by 47 U. S. C. §230(f)(2), an information service as defined by 47 U. S. C. §153(24), or telecommunications service as defined by 47 U. S. C. §153(53), for content provided by another person.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- United States v. Gatherum (Court of Appeals for the Fourth Circuit 2009, 338 F. App'x 271)“…on of genitals in a sexual context. See W. Va. Code § 61-8C-1(c); see also 18 U.S.C.A. §§ 2256(2)(A)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Recording Laws (2026): One-Party Consent Rules
§ 61-8-28ANonconsensual disclosure of private intimate images; definitions; and penalties.In forcecited in 17 of our articles
(a) As used in this section: (1) “Disclose” means to publish, publicly display, distribute, deliver, circulate or disseminate by any means, including, but not limited to, electronic transmission. (2) “Image” means a photograph, videotape, motion picture film, digital recording or any product of any mechanical or electronic recording process or device that can preserve, for later viewing, a visual image. (3) “Intimate parts” means a person’s genitalia, pubic area, anus, or female post-pubescent breasts. (4) To “publicly disclose” means to disclose an image to one or more persons other than those persons whom the person depicted understood would view the image at the time it was captured. (5) “Fabricated intimate image” means an image of an identifiable depicted individual that was created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs and depicts computer-generated intimate parts or the intimate parts of another human being as the intimate parts of the depicted individual.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Video Recording Laws: Privacy Rules and Consent, West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, West Virginia Pornography Laws (2026): Age Verification Rules
Sources and References
- West Virginia HB 5690 (2024), bill page(www.wvlegislature.gov).gov
- W. Va. Code 5A-6-9, West Virginia Task Force on Artificial Intelligence(code.wvlegislature.gov).gov
- West Virginia SB 198 (2025), bill page(www.wvlegislature.gov).gov
- West Virginia HB 3187 (2025), bill page(www.wvlegislature.gov).gov
- West Virginia HB 5690, enrolled text(www.wvlegislature.gov).gov
- West Virginia SB 198, enrolled committee substitute(www.wvlegislature.gov).gov
- W. Va. Code 61-8-28a, Nonconsensual disclosure of private intimate images(code.wvlegislature.gov).gov
- West Virginia Offices of the Insurance Commissioner, Bulletin 24-06, Artificial Intelligence Systems (August 9, 2024)(www.wvinsurance.gov).gov
- West Virginia Attorney General release on OpenAI suit (October 14, 2026)(ago.wv.gov).gov
- State of West Virginia v. OpenAI Global, LLC, Mason County Circuit Court, CC-26-2026-C-70, complaint(ago.wv.gov).gov
- West Virginia Legislature, all bills, 2026 Regular Session(www.wvlegislature.gov).gov
- West Virginia HB 4770 (2026), bill page(www.wvlegislature.gov).gov
- West Virginia SB 454 (2026), bill page(www.wvlegislature.gov).gov