South Carolina H 3042: Eavesdropping, Peeping, and Voyeurism

Bill Text

2025-2026 Bill 3042 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3042

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 AMENDING 
SECTION 16-17-470, RELATING TO THE CRIMES OF EAVESDROPPING, PEEPING, AND 
VOYEURISM, SO AS TO INCORPORATE THE REALISTIC BUT FALSE IMAGES, RECORDINGS, OR 
DIGITAL ELECTRONIC FILES CREATED OR ALTERED USING GENERATIVE ADVERSARIAL 
NETWORK TECHNIQUES OR OTHER DIGITAL TECHNOLOGY, TO INCREASE PENALTIES FOR 
VIOLATIONS, TO REQUIRE LAW ENFORCEMENT AGENCIES TO DESTROY ITEMS WHEN NO LONGER 
NEEDED AS EVIDENCE, AND TO REQUIRE NOTIFICATION OF ADDITIONAL POTENTIAL VICTIMS 
BY LAW ENFORCEMENT AGENCIES.

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

SECTION 1. Section 16-17-470 of the S.C. Code is amended to read:

 Section 
16-17-470. (A) It is unlawful for a 
person to be an eavesdropper or a peeping tom on or about the premises of 
another or to go upon the premises of another for the purpose of becoming an 
eavesdropper or a peeping tom. The term "peeping tom", as used in this section, 
is defined as a person who peeps through windows, doors, or other like places, 
on or about the premises of another, for the purpose of spying upon or invading 
the privacy of the persons spied upon and any other conduct of a similar 
nature, that tends to invade the privacy of others. The term "peeping tom" also 
includes any person who employs the use of video or audio equipment for the 
purposes set forth in this section. A person who violates the provisions of 
this section is guilty of a misdemeanorfelony and, upon conviction, must be fined not more than five hundredone thousand 
dollars or imprisoned not more than threefive years, or both.

 (B) 
A person commits the crime of voyeurism if, for the purpose of arousing or 
gratifying sexual desire of any person, he or she knowingly views, photographs, 
audio records, video records, produces, or creates a digital electronic file, 
or films another person, without that person's knowledge and consent, while the 
person is in a place where he or she would have a reasonable expectation of 
privacy. A person also commits the crime of voyeurism if, 
for the purpose of arousing or gratifying sexual desire of any person, he or 
she knowingly creates, manipulates, alters, adapts, or modifies an image, audio 
recording, video recording, or digital electronic file with the use of 
generative adversarial network techniques or other digital technology in a 
manner to create a realistic but false image, audio, or video of another person 
without that person's knowledge and consent. A person who violates the 
provisions of this subsection:

 (1) 
for a first offense, is guilty of a misdemeanorfelony and, upon conviction, must be fined not more than five hundredone thousand 
dollars or imprisoned not more than threefive years, or both; or

 (2) 
for a second or subsequent offense, is guilty of a felony and, upon conviction, 
must be fined not less than five hundred dollars or more 
than five thousand dollars or imprisoned not more than fiveten years, or both.

 (C) 
A person commits the crime of aggravated voyeurism if he or she knowingly sells 
or distributes any photograph, audio recording, video recording, digital 
electronic file, or film of another person taken or made in violation of this 
section. A person also commits the crime of aggravated 
voyeurism if he or she knowingly sells or distributes any realistic but false 
photograph, audio recording, video recording, digital electronic file, or film 
of another person created, manipulated, altered, adapted, or modified with the 
use of generative adversarial network techniques or other digital technology 
without that person's knowledge and consent. A person who violates the 
provisions of this subsection is guilty of a felony and, upon conviction, must 
be fined not less than five hundred dollars or more 
than fiveten thousand 
dollars or imprisoned not more than tenfifteen years, or both.

 (D) 
As used in this section:

 (1) 
"Place where a person would have a reasonable expectation of privacy" means:

 (a) 
a place where a reasonable person would believe that he or she could disrobe in 
privacy, without being concerned that his or her undressing was being 
photographed, filmed, or videotaped by another; or

 (b) 
a place where one would reasonably expect to be safe from hostile intrusion or 
surveillance.

 (2) 
"Surveillance" means secret observation of the activities of another person for 
the purpose of spying upon and invading the privacy of the person.

 (3) 
"View" means the intentional looking upon of another person for more than a 
brief period of time, in other than a casual or cursory manner, with the 
unaided eye or with a device d