A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-332, RELATING TO DISSEMINATING INTIMATE IMAGES WITHOUT CONSENT, SO AS TO PROVIDE PROVISIONS IDENTIFYING WHEN A DEVELOPER OR PROVIDER OF TECHNOLOGY MAY BE HELD LIABLE UNDER THE PROVISIONS OF THE OFFENSE.

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

SECTION 1.  Section 16-15-332 of the S.C. Code is amended by adding:

    (G) The provisions of this section do not apply to a developer or provider of technology solely for developing or providing a neutral, general purpose tool that has substantial lawful uses and is not designed, marketed, or promoted for the creation of a private image. However, the provisions of this section are applicable to a developer or provider of technology that unreasonably designs, markets, advertises, promotes, configures, or operates a product or service in a manner that facilitates, enables, or encourages the creation, alteration, or generation of an intimate image, including by doing any of the following:

       (1) promoting the product or tool to generate an intimate image of an identifiable individual;

       (2) providing prompts, tutorials, demonstrations, or examples instructing users on the process to create an intimate image of an identifiable individual;

       (3) training, fine tuning, or configuring technology to generate an intimate image of an identifiable individual; or

       (4) making a material contribution to the production, alteration, or dissemination of an intimate image of an identifiable individual. For purposes of this item, "material contribution" means any action that meaningfully assists, enables, accelerates, optimizes, or encourages the production of an intimate image of an identifiable individual.

    (H) A developer or provider of technology who violates any of the provisions of subsection (G)(1) through (4), is deemed responsible for the creation or facilitation of an intimate image of an identifiable individual and is subject to the penalties provided in this section. And, nothing in this section may be construed to limit civil liability when a developer or provider of technology profits from the production or dissemination of an intimate image of an identifiable individual.

SECTION 2.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3.  This act takes effect upon approval by the Governor.

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