South Carolina S 72: Distribution of Intimate Images

Bill Text

2025-2026 Bill 72 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 72

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 SECTION 
16-15-330 SO AS TO PROVIDE DEFINITIONS RELATING TO THE DISTRIBUTION OF INTIMATE 
IMAGES; BY ADDING SECTION 16-15-332 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO INTENTIONALLY 
DISSEMINATE AN INTIMATE IMAGE OR A DIGITALLY FORGED INTIMATE IMAGE OF ANOTHER 
PERSON WITHOUT EFFECTIVE CONSENT OF THE DEPICTED PERSON; AND BY ADDING SECTION 
16-15-333 SO AS TO PROVIDE A PENALTY FOR THE UNLAWFUL DISSEMINATION OF INTIMATE 
IMAGES.

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

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

 Section 
16-15-330. For the purpose of this chapter:

 (1) "Digitally 
forged intimate image" means any intimate image of an identifiable individual 
that appears to a reasonable person to be 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, regardless of whether the visual depiction indicates, through a label 
or some other form of information published with the visual depiction, that the 
visual depiction is not authentic.

 (2) "Effective 
consent" means the affirmative, conscious, and voluntary authorization by an 
individual with legal capacity to give authorization. The disclosure of the 
intimate image or digitally forged intimate image by the identifiable 
individual to another person is not sufficient effective consent under this 
section.

 (3) "Identifiable 
individual" means the identity of the depicted person through an intimate image 
or digitally forged intimate image, or whose identity can be determined through 
any accompanying or subsequent information or material related to the visual 
material.

 (4) "Intimate 
image" means any still or videographic image of an identifiable individual that 
depicts wholly or partially uncovered genitals, pubic area, anus, or 
post-pubescent female nipple or areola of an individual, the display or 
transfer of semen or vaginal secretion, or sexually explicit conduct.

SECTION 2. Chapter 15, Title 16 of the S.C. Code is amended by 
adding:

 Section 
16-15-332. (A) A person who 
intentionally disseminates an intimate image or a digitally forged intimate 
image of another person without the effective consent of the depicted person is 
guilty of the unauthorized disclosure of intimate images. A person 
intentionally disseminates an intimate image or a digitally forged intimate 
image if he has knowledge that the image was obtained or created under 
circumstances where he knew or reasonably should have known the person depicted 
had a reasonable expectation of privacy.

 (B) Dissemination 
of multiple intimate images or digitally forged intimate images of the same 
individual may be considered separate and distinct offenses.

 (C) 
The provisions of this section shall not apply to any intimate image or 
digitally forged intimate image created by law-enforcement pursuant to a 
criminal investigation which is otherwise lawful.

 (D) 
Intimate images or digitally forged intimate images can not be duplicated for 
the purpose of criminal discovery requests and motions.

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

 Section 
16-15-333. (A) A person who violates Section 
16-15-332(A) is guilty of a felony and must be sentenced to a fine not to 
exceed five thousand dollars or imprisonment not to exceed five years or both. 
For a second and subsequent offense, the person is guilty of a felony and must 
be sentence to a fine not to exceed ten thousand dollars or imprisonment not 
less than one year nor more than ten years, or both.

 (B) A 
person charged under this section may also be charged under any other 
applicable section.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 11, 2024 at 04:40 PM