South Carolina H 3049: AP testing

Bill Text

2025-2026 Bill 3049 Text of Previous Version (May. 05, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3049

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

May 5, 2026

H. 3049

Introduced by Reps. W. Newton, Pope, Taylor, 
Long, Cobb-Hunter and Cromer 

S. Printed 5/5/26--S.

Read the first time May 6, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT"; 
AND TO DEFINE NECESSARY TERMS, CREATE A CIVIL ACTION FOR AN INDIVIDUAL WHO 
SUFFERS HARM FROM A PERSON'S INTENTIONAL OR THREATENED DISCLOSURE OF PRIVATE, 
INTIMATE IMAGES WITHOUT CONSENT, AND PROVIDE EXCEPTIONS TO LIABILITY.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Uniform Civil Remedies for Unauthorized 
Disclosure of Intimate Images Act."

SECTION 2. Chapter 75, Title 15 of the S.C. Code is amended by 
adding:

Article 3

Uniform Civil Remedies for Unauthorized Disclosure of 
Intimate Images Act

 Section 
15-75-310. For the purposes of this article:

 (1) 
"Child" means an unemancipated individual who is less than eighteen years of 
age.

 (2) 
"Consent" means affirmative, conscious, and voluntary authorization by an 
individual with legal capacity to give authorization.

 (3) 
"Depicted individual" means the individual whose body is shown, in whole or in 
part, in an intimate image.

 (4) 
"Disclosure" means transfer, publication, or distribution to another person.

 (5) 
"Harm" means physical harm, economic harm, and emotional distress whether, or 
not accompanied by physical or economic harm.

 (6) 
"Identifiable" means recognizable by a person other than the depicted 
individual:

 (a) 
from an intimate image itself; or

 (b) 
from an intimate image and identifying characteristic displayed in connection 
with the intimate image.

 (7) 
"Identifying characteristic" means information that may be used to identify a 
depicted individual.

 (8) 
"Individual" means a human being.

 (9) 
"Intimate image" means:

 (a) 
a photograph, film, video recording, or other similar medium, including any 
still or videographic image that is indistinguishable from an authentic visual 
depiction of the individual, and that is generated or substantially modified 
using machine learning techniques or any other computer-generated or machine-generated 
means to falsely depict an individual's appearance or conduct; and

 (b) 
that shows:

 (i) 
the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a 
depicted individual; or

 (ii) 
a depicted individual engaging in or being subjected to sexual conduct.

 (10) 
"Parent" means an individual recognized as a parent under the laws of this 
State.

 (11) 
"Person" means an individual, estate, business or nonprofit entity, public 
corporation, government or governmental subdivision, agency, or 
instrumentality, or other legal entity.

 (12) 
"Private" means:

 (a) 
created or obtained under circumstances in which the depicted individual had a 
reasonable expectation of privacy; or

 (b) 
made accessible through theft, bribery, extortion, fraud, false pretenses, 
voyeurism, or exceeding authorized access to an account, message, file, device, 
resource, or property.

 (13) 
"Sexual conduct" means any act including, but not limited to:

 (a) 
masturbation;

 (b) 
genital, anal, or oral sex;

 (c) 
sexual penetration of, or with, an object;

 (d) 
bestiality; or

 (e) 
the transfer of semen onto a depicted individual.

 Section 
15-75-320. (A) Except as otherwise 
provided in Section 15-75-330, a depicted individual who is identifiable and 
who suffers harm from a person's intentional disclosure or threatened 
disclosure of an intimate image that was private without the depicted 
individual's consent has a cause of action against the person if the person 
knew or acted with reckless disregard for whether:

 (1) 
the depicted individual did not consent to the disclosure;

 (2) 
the intimate image was private; and

 (3) 
the depicted individual was identifiable.

 (B) 
The following conduct by a depicted individual does not establish, by itself, 
that the individual consented to the disclosure of the intimate image which is 
the subject of an action under this article or that the individual lacked a 
reasonable expectation of privacy:

 (1) 
consent to creation of the image; or

 (2) 
previous consensual disclosure of the image.

 (C) A 
depicted individual who does not consent to the sexual conduct or uncovering of 
the part of the body in an intimate image of the individual retains a 
reasonable expectation of privacy even if the image was created when the 
individual was in a public place.

 Secti