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 identifiable individuals. The bill establishes criminal offenses for the nonconsensual disclosure of such fabricated images and increases penalties for the distribution and exhibition of materials depicting minors engaged in sexually explicit conduct or computer-generated child pornography. Additionally, it clarifies the liability for offenses involving minors and creates confidentiality provisions for restricted materials used in prosecutions.

Furthermore, the bill mandates the reporting of any images that appear to depict minors engaged in sexually explicit conduct by individuals who encounter such images in the course of their employment. It provides an affirmative defense for those who comply with these reporting requirements. The legislation also includes technical and stylistic corrections to ensure consistency in the use of defined terms throughout the relevant articles. Overall, the bill aims to strengthen protections against the exploitation of minors and enhance the legal framework surrounding intimate images and child pornography.

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