AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-330 SO AS TO DEFINE NECESSARY TERMS FOR THE OFFENSE OF UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES; AND BY ADDING SECTION 16-15-332 SO AS TO CREATE THE OFFENSE OF UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES, TO PROVIDE GRADUATED PENALTIES, AND TO PROVIDE AN EXCEPTION FOR LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.
H3058 creates a new South Carolina criminal offense for intentionally disseminating intimate images or digitally forged intimate images of another person without that person’s effective consent. The bill defines key terms such as “intimate image,” “digitally forged intimate image,” “effective consent,” and “identifiable individual,” and it expressly covers AI-generated or otherwise machine-modified deepfake sexual imagery that appears authentic. It also clarifies that prior consent to create an image, or sharing the image with someone else, does not by itself authorize later dissemination.
The bill establishes graduated penalties based on intent and repeat conduct. A first offense committed with intent to cause physical, mental, economic, or reputational harm, or for profit, is a felony; a first offense without that intent is a misdemeanor; and repeat offenses can become felonies with increased penalties. The act also states that multiple images shared in a common act count as a single offense, bars duplication of the images for criminal discovery requests and motions, preserves the ability to charge other applicable offenses, and exempts otherwise lawful law-enforcement-created images used in criminal investigations. The bill takes effect upon gubernatorial approval.
The bill would add Sections 16-15-330 and 16-15-332 to Title 16, Chapter 15 of the South Carolina Code, creating a standalone offense for unauthorized disclosure of intimate images and deepfake intimate images. It expands state criminal law to address nonconsensual pornography and AI-generated sexual impersonation, while setting specific misdemeanor and felony penalties, repeat-offender enhancements, and a narrow law-enforcement exception. It also affects how prosecutors may charge these cases by making the offense separate from, and not a lesser-included offense of, other crimes.
The available voting history shows strong bipartisan support and no recorded opposition: the House passed the bill 107-0, the Senate gave it second reading 40-0, and the House later concurred in Senate amendments 111-0. That voting pattern suggests broad agreement that the conduct targeted by the bill is harmful and should be criminalized. No committee transcript material was provided, so there is no recorded floor or committee debate to indicate significant public disagreement in the available record.
No formal opposition appears in the voting record, but the bill’s main policy choices are the scope of criminal liability and the treatment of intent. The legislation distinguishes between image-sharing done with intent to harm or profit and sharing without that intent, which affects whether the offense is a felony or misdemeanor. It also raises potential concerns for privacy, evidentiary handling, and the reach of the law into AI-generated content, though the bill attempts to limit those concerns by requiring effective consent, preserving other criminal charges, and carving out lawful law-enforcement activity.