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A37, R56, H3058
STATUS INFORMATION
General Bill
Sponsors: Reps. Wooten, Pope, Spann-Wilder, McCravy, Taylor, Cobb-Hunter, Govan, Erickson, Bradley, Guffey, W. Newton, B. Newton and Willis
Companion/Similar bill(s): 3049
Document Path: LC-0068AHB25.docx
Introduced in the House on January 14, 2025
Introduced in the Senate on April 23, 2025
Last Amended on May 1, 2025
Currently residing in the House
Governor's Action: May 12, 2025, Signed
Summary: Disclosure of Intimate Images
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 12/5/2024 | House | Prefiled |
| 12/5/2024 | House | Referred to Committee on Judiciary |
| 1/14/2025 | House | Introduced and read first time (House Journal-page 82) |
| 1/14/2025 | House | Referred to Committee on Judiciary (House Journal-page 82) |
| 2/4/2025 | House | Member(s) request name added as sponsor: Govan, Erickson, Bradley |
| 2/18/2025 | House | Member(s) request name added as sponsor: Guffey |
| 4/2/2025 | House | Committee report: Favorable with amendment Judiciary (House Journal-page 5) |
| 4/4/2025 | Scrivener's error corrected | |
| 4/8/2025 | House | Debate adjourned (House Journal-page 42) |
| 4/9/2025 | House | Debate adjourned until Thur., 4-10-25 (House Journal-page 24) |
| 4/10/2025 | House | Member(s) request name added as sponsor: W. Newton, B. Newton |
| 4/10/2025 | House | Debate adjourned (House Journal-page 17) |
| 4/22/2025 | House | Member(s) request name added as sponsor: Willis |
| 4/22/2025 | House | Amended (House Journal-page 10) |
| 4/22/2025 | House | Read second time (House Journal-page 10) |
| 4/22/2025 | House | Roll call Yeas-108 Nays-0 (House Journal-page 12) |
| 4/23/2025 | House | Read third time and sent to Senate (House Journal-page 7) |
| 4/23/2025 | Scrivener's error corrected | |
| 4/23/2025 | Senate | Introduced and read first time |
| 4/23/2025 | Senate | Referred to Committee on Judiciary |
| 4/29/2025 | Senate | Committee report: Favorable with amendment Judiciary (Senate Journal-page 14) |
| 5/1/2025 | Senate | Committee Amendment Adopted (Senate Journal-page 56) |
| 5/1/2025 | Senate | Read second time (Senate Journal-page 56) |
| 5/1/2025 | Senate | Roll call Ayes-40 Nays-0 (Senate Journal-page 56) |
| 5/6/2025 | Senate | Read third time and returned to House with amendments (Senate Journal-page 38) |
| 5/7/2025 | House | Concurred in Senate amendment and enrolled (House Journal-page 44) |
| 5/7/2025 | House | Roll call Yeas-112 Nays-0 (House Journal-page 45) |
| 5/8/2025 | Ratified R 56 | |
| 5/12/2025 | Signed By Governor | |
| 5/19/2025 | Effective date 05/12/25 | |
| 5/19/2025 | Act No. 37 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/05/2024
04/02/2025
04/04/2025
04/22/2025
04/23/2025
04/29/2025
05/01/2025
05/01/2025-A
NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.
(A37, R56, H3058)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-330 SO AS TO DEFINE NECESSARY TERMS FOR THE OFFENSE OF UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES; AND BY ADDING SECTION 16-15-332 SO AS TO CREATE THE OFFENSE OF UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES, TO PROVIDE GRADUATED PENALTIES, AND TO PROVIDE AN EXCEPTION FOR LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Article 3, Chapter 15, Title 16 of the S.C. Code is amended by adding:
Section 16-15-330. For purposes of Section 16-15-332, the term:
(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 postpubescent female nipple or areola of an individual, the display or transfer of semen or vaginal secretion, sexual activity, as defined in Section 16-15-375, or sexually explicit nudity, as defined in Section 16-15-375.
Unauthorized disclosure of intimate images
SECTION 2. Article 3, 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 when he knew or reasonably should have known the person depicted had a reasonable expectation of privacy. Any dissemination of multiple intimate images of the same individual as part of a common act is a single offense. The fact that the identifiable individual:
(1) provided affirmative consent for the creation of the intimate image shall not establish that the individual provided effective consent for the dissemination of the intimate image; and
(2) disclosed the intimate image to another individual shall not establish that the identifiable individual provided effective consent for the dissemination of the intimate image by the person alleged to have violated this section.
(B) A person who violates the provisions of this section, with the intent to cause physical, mental, economic, or reputational harm to the individual portrayed in the image, or for the purpose of profit or pecuniary gain, is guilty of a felony and, upon conviction, for a:
(1) first offense, must be fined not more than five thousand dollars or imprisoned not more than five years, or both; or
(2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, must be fined not more than ten thousand dollars or imprisoned not less than one year but not more than ten years, or both. No part of the minimum sentence may be suspended nor probation granted.
(C) A person who violates the provisions of this section, without the intent to cause physical, mental, economic, or reputational harm to the individual portrayed in the image, or for the purpose of profit or pecuniary gain, for a:
(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both; or
(2) second or subsequent offense, after an intervening conviction or adjudication for a previous violation of the provisions of this section, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) Intimate images or digitally forged intimate images cannot be duplicated for the purpose of criminal discovery requests and motions.
(E) A violation of this section is not a lesser-included offense of any other applicable offense but is a separate offense and does not preclude charges under another applicable provision of law.
(F) The provisions of this section do not apply to any intimate image or digitally forged intimate image created by law enforcement pursuant to a criminal investigation which is otherwise lawful.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2025.
Approved the 12th day of May, 2025.
This web page was last updated on May 19, 2025 at 1:09 PM