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 interactive computer services are not liable for content provided by others and emphasizes 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 severity of the offense and prior convictions, ranging from fines to imprisonment. It allows for injunctive relief to be sought by various parties, including the Attorney General and the depicted individual, against those who are about to violate or are currently violating the provisions of the act. The bill also includes a severability clause to ensure that if any part of the act is deemed unconstitutional, the remaining provisions will still be enforceable.

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