West Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

West Virginia targets deepfakes through two criminal statutes, both updated by SB 198 (2025). Disclosing an AI-generated "fabricated intimate image" of an identifiable person is a crime under W.Va. Code §61-8-28a, and the state's child pornography law (W.Va. Code §61-8C-1 et seq.) now reaches AI-generated child sexual abuse material even when no real minor is depicted. The federal TAKE IT DOWN Act (signed May 19, 2025) adds a nationwide criminal layer for nonconsensual intimate deepfakes. No election deepfake or AI voice-cloning law has passed in West Virginia.

Is It Illegal to Make a Deepfake of Someone in West Virginia?

The answer depends on who is depicted, what the deepfake shows, and what you do with it. West Virginia criminal law now covers the two most damaging categories: AI-generated child sexual abuse material and nonconsensual intimate deepfakes of identifiable people. Outside those categories, no West Virginia statute prohibits creating a deepfake of someone.

West Virginia's framework covers the main buckets unevenly. The minors/AI-CSAM bucket is covered by the state child pornography law, as amended by SB 198 in 2025. The adult intimate deepfake bucket is covered by the fabricated intimate image provisions of W.Va. Code §61-8-28a, also added by SB 198, with the federal TAKE IT DOWN Act layered on top. The election deepfake and AI voice-cloning buckets have no coverage at the state level.

Note the intent element on the adult side. Section 61-8-28a requires that the discloser act with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. Creating a deepfake that is never disclosed, or disclosing one without a prohibited intent, falls outside the statute. Federal law and West Virginia's harassment, stalking, and obscenity statutes may still apply in some circumstances.

Sexual and Intimate Deepfakes

West Virginia criminalizes nonconsensual disclosure of private intimate images under W.Va. Code §61-8-28a, a statute on the books since 2017. In 2025, SB 198 extended it to AI deepfakes by adding the "fabricated intimate image" category: an image of an identifiable person, created by artificial intelligence or other computer technology, that depicts computer-generated intimate parts (or another person's intimate parts) as those of the depicted individual.

Knowingly disclosing, causing the disclosure of, or threatening to disclose a fabricated intimate image with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce is a misdemeanor. A first offense carries up to one year in jail, a fine of $1,000 to $5,000, or both. A second or subsequent offense is a felony punishable by up to three years in a state correctional facility, a fine of $2,500 to $10,000, or both. The AI amendments took effect July 9, 2025, ninety days after passage.

Federal law adds a second criminal layer. The TAKE IT DOWN Act (Public Law 119-12), signed by President Trump on May 19, 2025, criminalizes the knowing publication of nonconsensual intimate visual depictions of adults, expressly including AI-generated "digital forgeries." Violators face up to 2 years in federal prison (3 years if the victim is a minor). The law covers images whether real, AI-generated, or digitally altered.

For minors, SB 198 amended West Virginia's child pornography statutes (W.Va. Code §61-8C-1 through §61-8C-3c) so that AI-generated material is covered even when no actual minor was used. The definitions now include "computer-generated child pornography" (AI-created portrayals indistinguishable from a real minor) and portrayals of identifiable minors created or altered by AI. Under §61-8C-3, a visual portrayal "created in whole or in part by digital manipulation, artificial intelligence, or any other means" can support a conviction. Penalties are tiered: 2 to 5 years in prison and/or up to a $5,000 fine for 50 or fewer images, 3 to 15 years and/or up to $10,000 for 51 to 299 images, and 5 to 20 years and/or up to $25,000 for 300 or more images or depictions involving violence.

Federal law also independently covers AI-generated CSAM. Under 18 U.S.C. §2256(8)(B), as amended by the PROTECT Act of 2003, computer-generated images indistinguishable from real minors in sexually explicit conduct are prohibited under federal law regardless of what any state does.

Election and Political Deepfakes

West Virginia has not enacted any statute regulating deepfakes used in political campaigns or elections. No disclosure requirement, no prohibition on election-related synthetic media, and no criminal penalty for distributing a deepfake of a candidate or public official exists under state law.

Lawmakers have tried. HB 4963 (2024) passed the House of Delegates before dying in the Senate, and SB 484 (2025) failed as well. Other states have moved quickly: many now require disclosure labels on AI-generated political advertising or prohibit deepfakes within a defined window before an election. West Virginia has not followed suit as of mid-2026.

Note that election deepfake laws nationwide carry ongoing First Amendment risk. California's election deepfake statute AB 2839 was struck down and permanently enjoined by a federal court in August 2025 on First Amendment grounds, illustrating that even enacted laws in this area face constitutional challenges before they can be enforced.

For now, West Virginia voters and political actors have no state-law shield against deceptive AI-generated election content. Existing defamation and election-fraud statutes may apply in extreme cases, but were not designed for synthetic media.

AI Voice Cloning and Digital Likeness

West Virginia has no right-of-publicity statute covering AI voice cloning or digital likeness replicas. No ELVIS Act equivalent exists in West Virginia law.

Tennessee's ELVIS Act (Tenn. Code Ann. §47-25-1101 et seq., effective July 1, 2024) is the national reference point in this area. It extended Tennessee's right of publicity to include a person's voice as a protectable attribute, specifically covering AI simulations. West Virginia has not enacted anything comparable.

This means that using someone's voice or likeness in an AI-generated audio or video clip without permission is not a standalone crime under West Virginia law. On the civil side, West Virginia courts recognize common-law invasion of privacy claims, including appropriation of a person's name or likeness, which may reach some commercial misuses, but no statute squarely addresses AI voice cloning.

At the federal level, the proposed NO FAKES Act (S.1367, 119th Congress) would create a federal right of publicity for voice and likeness against unauthorized AI digital replicas, but it has not passed either chamber of Congress and is not current law. The FTC Impersonation Rule (16 CFR Part 461), in effect since April 1, 2024, does prohibit deceptive AI voice impersonation of government entities and businesses. The FCC has also ruled that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act, making unsolicited AI voice-clone robocalls illegal nationwide.

For a broader look at how West Virginia addresses AI-generated content and technology regulation generally, see West Virginia AI Laws, which covers the state's full AI regulatory landscape beyond deepfake-specific rules.

Federal Law That Applies in West Virginia

Federal law adds remedies on top of West Virginia's state statutes. Adults who are victims of intimate deepfakes in West Virginia can turn to the TAKE IT DOWN Act. The law applies nationally, requires platforms to remove flagged content within 48 hours of victim notice (a compliance obligation that took effect May 19, 2026), and is enforced by the Federal Trade Commission.

The DEFIANCE Act (S.1837, 119th Congress) would add a federal civil cause of action for sexual deepfake victims, allowing lawsuits with liquidated damages of $150,000 (or $250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment). It passed the Senate by unanimous consent on January 13, 2026 and is now pending in the House. Until the House acts and the President signs it, it is not law. For background on the ongoing push for civil remedies, see the DEFIANCE Act coverage.

Federal CSAM law (18 U.S.C. §2256) covers AI-generated images indistinguishable from real minors, operating alongside West Virginia's amended child pornography statutes. The FTC's Impersonation Rule covers AI-generated impersonation of government entities and businesses. The FCC ruling makes AI voice robocalls a TCPA violation.

What Victims Can Do

Adult victims of intimate deepfakes in West Virginia have both state and federal criminal avenues. At the state level, disclosure or threatened disclosure of a fabricated intimate image can be reported to local law enforcement or the West Virginia State Police as a violation of W.Va. Code §61-8-28a. At the federal level, the TAKE IT DOWN Act created a federal crime; victims can report to the FBI's Internet Crime Complaint Center (IC3) at ic3.gov, or contact the U.S. Attorney's Office for the Southern or Northern District of West Virginia.

Victims can also trigger the TAKE IT DOWN platform-removal process directly. Under the law, victims notify the hosting platform, which must remove the content within 48 hours. This applies to any platform subject to the law, regardless of whether the content is hosted in West Virginia.

For AI-generated CSAM involving minors, West Virginia's child pornography law provides a state-law criminal remedy. Reports can go to local law enforcement, the West Virginia State Police, or the National Center for Missing and Exploited Children (NCMEC) CyberTipline.

On the civil side, West Virginia adopted the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (W.Va. Code §55-20) in 2022. A victim can sue the person who disclosed an intimate image without consent and recover either actual damages or statutory damages up to $10,000 per defendant, plus the defendant's profits, punitive damages, attorney fees, and injunctive relief, and may proceed under a pseudonym. One caution: the civil statute predates the 2025 AI amendments and defines an intimate image in terms of the depicted person's own body, so its application to fully fabricated deepfakes is untested. Defamation and intentional infliction of emotional distress claims may also be available. If the DEFIANCE Act passes the House, a dedicated federal civil remedy for digital forgeries would be added.

Penalties at a Glance

Disclaimer: This page provides general legal information about West Virginia deepfake laws and is not legal advice. Deepfake and AI law is one of the fastest-moving areas of American law; statutes and regulations cited here may have changed. If you are a victim or face charges, consult a licensed West Virginia attorney.

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For the full 50-state comparison, see Deepfake and AI Voice Cloning Laws by State.

Sources

See citations below for the primary sources underpinning this article.

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For West Virginia's broader privacy and data-protection framework, see West Virginia Data Privacy Laws. For West Virginia's general recording consent rules, see West Virginia Recording Laws.