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WEST virginia legislature
2024 regular session
Introduced
House Bill 4963
By Delegates Holstein, Linville, Young, Chiarelli, Willis and Hillenbrand
[Introduced January 22, 2024; Referred to the Committee on Technology and Infrastructure then the Judiciary
A BILL to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §61-3D-1, §61-3D-2, §61-3D-3, and §61-3D-4 all relating to prohibiting the use of deep fake technology to influence an election; providing for definitions; explaining manner of violation; providing for a penalty; and allowing injunctive relief.
Be it enacted by the Legislature of West Virginia:
(b) "Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including boards of education, towns, cities, and counties.
(c) "Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:
(1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and
(2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.
(d) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.
A person who disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty of a crime and may be sentenced as provided in §61-3D-3 of this code if the person knows or reasonably should know that the item being disseminated is a deep fake and dissemination:
(a) Takes place within 90 days before an election;
(b) Is made without the consent of the depicted individual; and
(c) Is made with the intent to injure a candidate or influence the result of an election.
A person convicted of violating §61-3D-2 of this code may be sentenced as follows:
(a) If the person commits the violation within five years of one or more prior convictions under this section, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both fined and confined;
(b) If the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both fined and confined; or
(c) In other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both fined and confined.
A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by:
(a) The Attorney General;
(b) A county prosecutor;
(c) The depicted individual; or
(d) A candidate for nomination or election to a public office who is injured or likely to be injured by dissemination.
NOTE: The purpose of this bill is to prohibit the use of deep fake technology to influence an election.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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