The bill amends several sections of the Code of West Virginia to address issues related to the nonconsensual disclosure of intimate images and the filming of sexually explicit conduct involving minors. It introduces new definitions, including "fabricated intimate image," which refers to images created using artificial intelligence that depict intimate parts of an identifiable individual. The bill criminalizes the nonconsensual disclosure of both real and fabricated intimate images, establishing penalties that range from misdemeanors to felonies depending on the number of offenses. Additionally, it clarifies the definitions and penalties related to the filming of sexually explicit conduct involving minors, including the creation and distribution of computer-generated child pornography.

Furthermore, the bill establishes confidentiality provisions for restricted materials used in prosecutions and outlines mandatory reporting requirements for individuals who encounter images of minors engaged in sexually explicit conduct. It provides an affirmative defense for those who comply with these reporting requirements and specifies exemptions from prosecution for law enforcement and other officials acting within the scope of their duties. The legislation aims to enhance protections against the exploitation of minors and the unauthorized sharing of intimate images while ensuring that the rights of victims and defendants are respected during legal proceedings.

Statutes affected:
Introduced Version: 61-8C-12
Committee Substitute: 61-8C-1, 61-8C-2, 61-8C-3, 61-8C-3a, 61-8C-3b, 61-8C-3c
Enrolled Committee Substitute: 61-8-28a, 61-8C-1, 61-8C-2, 61-8C-3, 61-8C-3a, 61-8C-3b, 61-8C-3c