Bill Text: VA HB1525 | 2024 | Regular Session | Introduced
Bill Title: AI-generated image; unauthorized creation of image of another, penalties.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Communications, Technology and Innovation [HB1525 Detail]
Download: Virginia-2024-HB1525-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-386.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-386.1. Unlawful creation of image of another; penalty.
A. 1. It shall be unlawful for any person to knowingly and intentionally create any videographic or still image by any means whatsoever of any nonconsenting person if (i) that person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location; or (ii) the videographic or still image is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being recorded would have a reasonable expectation of privacy.
2. It shall be unlawful for any person to knowingly and intentionally create any videographic or still image using artificial intelligence of any nonconsenting person if that person is totally nude, performing sexual acts, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, and such videographic or still image appears to be or is intended to appear to be such nonconsenting person.
B. The provisions of this section shall not apply to any videographic or still image created by any means whatsoever by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§19.2-61 et seq.) of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.
E. Where it is alleged in the warrant, information, or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, and when such offenses were not part of a common act, transaction, or scheme, and such person has been at liberty as defined in §53.1-151 between each conviction, he shall be guilty of a Class 6 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
