The proposed bill aims to establish the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act" in West Virginia, introducing a new article to the state's legal code. It defines key terms related to deep fakes, including "deep fake," "depicted individual," and "non-consensual," and outlines the unlawful dissemination of such media. Specifically, it prohibits the intentional distribution of deep fakes depicting individuals in sexual conduct without their consent, particularly when done with the intent to coerce, harass, or damage the individual's reputation. The bill also clarifies that it does not impose liability on interactive computer services for content provided by others and ensures that constitutionally protected speech is not included under the definition of deep fakes.

Additionally, the bill establishes penalties for violations, which vary based on the nature of the offense, including potential imprisonment and fines. It allows for injunctive relief to be sought by various parties, including the Attorney General and the depicted individuals, against those who are about to violate or are currently violating the provisions of the act. The bill also includes a severability clause to maintain the validity of the remaining provisions if any part is deemed unconstitutional.

Statutes affected:
Introduced Version: 61-3F-1, 61-3F-2, 61-3F-3, 61-3F-4, 61-3F-5, 61-3F-6, 61-3F-7