South Carolina H 3406: Online technological exploitation

Bill Text

2025-2026 Bill 3406 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3406

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
9 TO CHAPTER 5, TITLE 39 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE THAT A 
COVERED PLATFORM OPERATOR MAY NOT UPLOAD OR ALLOW A USER TO UPLOAD CERTAIN PORNOGRAPHIC 
IMAGES WITHOUT CERTAIN VERIFICATION, TO PROVIDE THAT A COVERED PLATFORM 
OPERATOR MUST ESTABLISH CERTAIN PROCEDURES, TO PROVIDE THAT CERTAIN IMAGES MAY 
NOT BE UPLOADED WITHOUT CONSENT, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE FOR 
CRIMINAL PENALTIES, TO ESTABLISH A LEGISLATIVE COMMITTEE, AND TO PROVIDE THAT 
THE ATTORNEY GENERAL SHALL CREATE CERTAIN CONSENT FORMS.

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

SECTION 1. Chapter 5, Title 39 of the S.C. Code is amended by 
adding:

Article 9

Online Technological Exploitation

 Section 
39-5-910. As used in this article:

 (1) 
"Coerced consent" means the purported consent obtained from a person:

 (a) 
through fraud, duress, misrepresentation, undue influence, or nondisclosure;

 (b) 
who lacks capacity; or

 (c) 
through exploiting or leveraging the person's immigration status, pregnancy, 
disability, addiction, juvenile status, or economic circumstances.

 (2) 
"Computer" means an electronic, magnetic, optical, electrochemical, or other 
high speed data processing device performing logical, arithmetic, or storage 
functions and includes any data storage facility or communications facility 
directly related to or operating in conjunction with such device, but does not 
include an automated typewriter or typesetter, a portable hand-held calculator, 
or other similar device.

 (3) 
"Consent" means an agreement that is informed and thorough and does not include 
coerced consent.

 (4) 
"Covered platform" means an interactive computer service that hosts or makes 
available to the general public pornographic images. For purposes of this item, 
the availability of pornographic images to a group of subscribers is considered 
available to the general public if any member of the general public, subject to 
reasonable limitations, can obtain a subscription.

 (5) 
"Covered platform operator" means a provider of a covered platform.

 (6) 
"Information content provider" means any person or entity that is responsible, 
in whole or in part, for the creation or development of information provided 
through the internet or any other interactive computer service.

 (7) 
"Interactive computer service" means any information service, system, or access 
software provider that provides or enables computer access by multiple users to 
a computer server, including a service or system that provides access to the internet 
and systems operated or services offered by libraries or educational 
institutions.

 (8) 
"Intimate visual depiction" means any visual depiction:

 (a) 
of an individual who is reasonably identifiable from the visual depiction 
itself or information displayed in connection with the visual depiction, 
including through facial recognition, an identifying marking on the individual, 
including a birthmark or piercing, an identifying feature of the background of 
the visual depiction, voice matching, or written confirmation from an 
individual who is responsible, in whole or in part, for the creation or 
development of the visual depiction; and

 (b) 
in which the individual depicted is engaging in sexually explicit conduct or 
the naked genitals, anus, pubic area, or post-pubescent female nipple of the 
individual depicted are visible.

 (9) 
"Pornographic image" means any visual depiction of actual or feigned sexually 
explicit conduct or any intimate visual depiction.

 (10) 
"Sexually explicit conduct" means actual or simulated:

 (a) 
sexual intercourse, including genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same or opposite sex;

 (b) 
bestiality;

 (c) 
masturbation;

 (d) 
sadistic or masochistic abuse; or

 (e) 
lascivious exhibition of the anus, genitals, or pubic area of any person.

 (11) 
"User" means an individual who is an information content provider or, with respect 
to a covered platform, an individual who is an information content provider who 
is responsible, in whole or in part, for the creation or development of 
pornographic images hosted or made available by the covered platform.

 (12) 
"Visual depiction" means a photograph, film, video, or modified photograph, 
film, or video whether made or produced by electronic, mechanical, or other 
means.

 Section 
39-5-920. (A)(1) A covered platform 
operator may not upload or allow a user to upload a pornographic image to the 
covered platform unless the operator has verified, in accordance