Virginia Nonconsensual Pornography (Deepfake Coverage)
Effective date
Penalty
Class 1 misdemeanor: up to 12 months jail, $2,500 fine. Enhanced penalties for repeat offenses. Felony under child exploitation statutes (up to 20 years). Ci…
Obligations mapped
Tracked
Overview
Virginia's nonconsensual pornography statute criminalizes dissemination of intimate images created by any means whatsoever, which courts interpret to include AI-generated deepfakes. Enhanced penalties for repeat offenses and content involving minors.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in Virginia
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
HB 2678
AI categories covered
- Consumer-facing AI
Specific AI use cases:
- Content generation
- synthetic media manipulation
- voice likeness synthesis
- political synthetic media
What this requires you to do
Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.
What this requires you to do
Prohibited practices
Avoid conduct the statute bans, including harmful manipulation and intentional discrimination.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Class 1 misdemeanor: up to 12 months jail, $2,500 fine. Enhanced penalties for repeat offenses. Felony under child exploitation statutes (up to 20 years). Civil remedies available to victims.
Private right of action: plaintiffs may bring direct claims in addition to government enforcement.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
amended
Computer-generated images of minors explicitly included in child exploitation statutes
amended
HB 2678 expanded scope and penalties
signed
Original nonconsensual pornography statute enacted
Related regulations
- In EffectFederal
TAKE IT DOWN Act (S. 146)
Requires covered online platforms to remove reported nonconsensual intimate imagery, including AI-generated deepfakes, within a short deadline after a valid notice. Dual effective dates: criminal provisions effective May 19, 2025 (date signed into law). Platform compliance deadline: May 19, 2026 (one year after signing). First federal law limiting the use of AI in ways harmful to individuals. Covers both authentic NCII and AI-generated deepfakes. Does not preempt state laws. FTC jurisdiction extended to nonprofit entities. First and only enacted federal AI-specific law signed by the Trump administration. Bipartisan 409-2 House vote, unanimous Senate passage.
Effective
- In EffectPrivacy ADM
Virginia Consumer Data Protection Act (VCDPA, Profiling Provisions)
Grants Virginia consumers the right to opt out of profiling in furtherance of decisions that produce legal or significant effects. The VCDPA excludes employee and HR data and B2B data from scope; profiling opt-out applies to consumer data only. Permanent 30-day cure period with no sunset: unlike most states, Virginia does not phase out the cure opportunity. Virginia does not require universal opt-out mechanisms (UOOMs). Virginia does not grant the Attorney General rulemaking authority. In March 2025, Governor Youngkin vetoed HB 2094, a comprehensive AI act that would have materially expanded the privacy and AI framework. Virginia is the most business-friendly state privacy law among comparable statutes: permanent cure, no UOOMs, no AG rulemaking, and a high revenue threshold (50% for the 25,000-consumer applicability tier).
Effective
Virginia AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.