South Carolina S 28: AI Child Abuse

Bill Text

2025-2026 Bill 28 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 28

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

Conference Report Adopted - Not Printed

May 8, 2025

S. 28

Introduced by Senators Hutto, Reichenbach, 
Goldfinch, Leber, Jackson, Alexander, Rice, Fernandez, Campsen, Chaplin, 
Devine, Adams, Young, Garrett, Elliott, Turner, Ott, Graham, Sutton, Cromer, 
Verdin, Kennedy, Climer and Zell 

S. Printed 5/8/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-15-390 SO AS TO CREATE THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF 
CHILD SEXUAL ABUSE, DEFINE TERMS, AND ESTABLISH PENALTIES; BY AMENDING SECTION 23-3-430, 
RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD THE OFFENSE OF OBSCENE 
VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE TO THE SEX OFFENDER REGISTRY; AND 
BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF REGISTRATION 
REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.

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

SECTION 1. Article 3, Chapter 15, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-15-390. (A) As used in this 
section:

 (1) 
"Obscene" has the same meaning as Section 16-15-305.

 (2) 
"Visual depiction or representation" means and includes undeveloped film and 
videotape, and data stored on a computer disk or by electronic means that is 
capable of conversion into a visual image, and also includes any photograph, 
film, video, picture, digital image or picture, computer image or picture, or 
computer-generated image or picture, whether made or produced by electronic, 
mechanical, or other means.

 (B) 
Any person who knowingly produces, distributes, solicits, or possesses with 
intent to distribute, a visual depiction or representation that depicts a 
minor engaging in sexually explicit conduct, sexually explicit activity, or 
sexually explicit nudity, and is obscene, or attempts or conspires to do so, is 
guilty of a felony and, upon conviction, must be imprisoned no more than ten 
years.

 (C) 
Any person who knowingly possesses a visual depiction or representation that 
depicts a minor engaging in sexually explicit conduct, sexually explicit 
activity, or sexually explicit nudity, and is obscene, or attempts or conspires 
to do so is guilty of a felony and, upon conviction, must be imprisoned no more 
than ten years.

 (D) 
The offense is a misdemeanor to be heard by the family court if the person 
charged under this section is a minor, and the minor has no prior adjudication 
under this section or for any offense for which a person may be included in the 
sex offender registry. The family court may order behavioral health counseling 
from an appropriate agency or provider, as a condition of adjudicating a minor.

 (E) 
It is not a required element of any offense under this section that the minor 
depicted actually exists.

 (F)(1) This section does not apply to an 
employee of a law enforcement agency, including the State Law Enforcement 
Division, a prosecuting agency, including the South Carolina Attorney General's 
Office or the South Carolina Department of Corrections, who, while acting 
within the employee's official capacity in the course of an investigation or 
criminal proceeding, is in possession of material that contains a visual 
representation of a minor engaging in sexual activity or appearing in a state 
of sexually explicit nudity when a reasonable person would infer the purpose is 
sexual stimulation. An employee's official capacity in the course of such 
investigation or criminal proceeding includes making materials available for 
inspection to the defendant's counsel in response to discovery requests.

 (2) 
This section does not apply to a provider of a telecommunications service or an 
information service, as those terms are defined in 47 U.S.C. Section 153, for 
content provided by another person.

 (G) 
Any warrant for arrest for an alleged crime or offense under this section may 
only be issued upon:

 (1) 
a return of a "true bill" of an indictment by the state grand jury, or

 (2) 
a finding of probable cause following an investigation conducted by the 
Internet Crimes Against Children Task Force in conjunction with the Attorney 
General's office.

SECTION 2. Section 23-3-430(C) of the S.C. Code is amended to 
read:

 (C)(1) For purposes of this article, a 
person who has been convicted of, or pled guilty or nolo contendere to any of 
the following offenses shall be referred to as a Tier I offender:

 (a) 
criminal sexual conduct in the third degree (Section 16-3-654);

 (b) 
kidnapping (Section 16-3-910) of a person eighteen years of age or older except 
when the court makes a fi