The bill amends several sections of the West Virginia Code 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 establishes criminal offenses for the nonconsensual disclosure of both real and fabricated intimate images, with penalties ranging from misdemeanors to felonies depending on the number of offenses. Additionally, it clarifies the definitions related to filming sexually explicit conduct of minors and introduces new offenses for computer-generated child pornography, increasing penalties for distribution and possession of such materials.

Furthermore, the bill creates 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 specifies that certain exemptions apply to law enforcement and legal professionals acting within their official duties. The legislation also includes provisions for minors who may inadvertently violate these laws, allowing for affirmative defenses under specific circumstances. Overall, the bill aims to strengthen protections against the exploitation of minors and the unauthorized sharing of intimate images while ensuring that legal processes are upheld.

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