WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
Senate Bill 254
By Senator Grady
[Introduced February 12, 2025; referredto the Committee on the Judiciary]
A BILL to amend the Code of West Virginia,1931, as amended, by adding a new section, designated ยง61-8C-2a, relating to the filming of minors engaged in sexually explicit conduct; creating a new criminal offense of manipulating a photograph, image, video clip, movie, or similar recording containing sexually explicit conduct by the insertion thereof of a visual image of an actual minor so as to create the appearance that it is a minor engaged in the sexually explicit conduct; defining terms; clarifying that the offense is separate and distinct from any other offense set forth in the code; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
## Article 8c. Filming of sexually explicit conduct of minors.
Any person who modifies or otherwise changes a photograph, image, video clip, movie, or recording containing sexually explicit conduct by the insertion therein of a visual image of an actual minor so as to create the appearance that it is a minor engaged in the sexually explicit conduct is guilty of a felony and, upon conviction shall be fined not more than $10,000 or confined in a state correctional facility for not less than one nor more than five years or both fined and confined.
As used in this section "actual minor" means a living or once living person the image of whom was taken or captured when he or she was under the age of 18 and later inserted into a photograph, image, video clip, movie or recording containing sexually explicit conduct.
The provisions of this section constitute a separate and distinct offense from any other set forth in this code.
NOTE: The purpose of this bill is to create a new criminal offense of manipulating a photograph, image, video clip, movie, or similar recording containing sexually explicit conduct by the insertion thereof of a visual image of an actual minor so as to create the appearance that it is a minor engaged in the sexually explicit conduct.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.