US AI Law Tracker: Virginia | AI Law Center

State/Terr	AI Scope	Relevant Law	Law Link	Effective Date	Key Requirements	Enforcements & Penalties
Virginia	AI CSAM	Amendment to CSAM statute	SB 731	7/1/2024	• Clarifies that the definition of CSAM includes computer generated images of minors that do not “actually exist.”	None specified.
Virginia	AI Intimate Images	Amendment to the Unlawful Dissemination of Images of Another Statute	B 2678	7/1/2019	• Expands the definition of unlawful dissemination of nude or sexually explicit images of another to include persons “whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic.”	None specified.
Virginia	AI in Government	Artificial Intelligence-Based Tools	Code of Virginia, Section 19.2-11.14	6/6/2025	• Requires that all decisions related to the pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation of criminal offenders in Virginia must be made by a human decision-maker, even if artificial intelligence-based tools are used to generate recommendations or predictions. • Permits the use of any recommendation or prediction from an AI-based tool to be subject to any challenge or objection permitted by law.	N/A
Virginia	AI Healthcare	Hospital / Nursing Home Virtual Assistant Law	Va. Code Ann. § 32.1-127	7/1/2021	• Mandates regulations to be adopted that require each hospital, nursing home, and certified nursing facility to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant provided by a patient while receiving inpatient services.	None specified.
Virginia	Automated Decision-Making	Virginia Consumer Data Protection Act	Va. Code Ann. § 59.1-577A(A)(5)	1/1/2023	• Provides consumers the right to opt-out of any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, healthcare services, or access to basic necessities like food and water). • Imposes additional consent requirements and processing restrictions for such automated processing of children’s personal data (under the age of 13). • Requires a data protection assessment of each processing activity involving such automated processing of personal data. Other obligations and restrictions may apply depending on the type of data processed.	Up to $7,500 per violation.

State/Terr

AI Scope

Relevant Law

Law Link

Effective Date

Key Requirements

Enforcements & Penalties

Virginia

AI CSAM

Amendment to CSAM statute

SB 731

7/1/2024

• Clarifies that the definition of CSAM includes computer generated images of minors that do not “actually exist.”

None specified.

Virginia

AI Intimate Images

Amendment to the Unlawful Dissemination of Images of Another Statute

B 2678

7/1/2019

• Expands the definition of unlawful dissemination of nude or sexually explicit images of another to include persons “whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic.”

None specified.

Virginia

AI in Government

Artificial Intelligence-Based Tools

Code of Virginia, Section 19.2-11.14

6/6/2025

• Requires that all decisions related to the pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation of criminal offenders in Virginia must be made by a human decision-maker, even if artificial intelligence-based tools are used to generate recommendations or predictions.
• Permits the use of any recommendation or prediction from an AI-based tool to be subject to any challenge or objection permitted by law.

N/A

Virginia

AI Healthcare

Hospital / Nursing Home Virtual Assistant Law

Va. Code Ann. § 32.1-127

7/1/2021

• Mandates regulations to be adopted that require each hospital, nursing home, and certified nursing facility to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant provided by a patient while receiving inpatient services.

None specified.

Virginia

Automated Decision-Making

Virginia Consumer Data Protection Act

Va. Code Ann. § 59.1-577A(A)(5)

1/1/2023

• Provides consumers the right to opt-out of any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, healthcare services, or access to basic necessities like food and water).

• Imposes additional consent requirements and processing restrictions for such automated processing of children’s personal data (under the age of 13).
• Requires a data protection assessment of each processing activity involving such automated processing of personal data.

Other obligations and restrictions may apply depending on the type of data processed.

Up to $7,500 per violation.

Information updated monthly

Virginia

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