Duty LXD-6040
Publishes adult content, in South Carolina
Each law's tag says when it binds: since in force proposed proposed
Requirements for disposition of business records containing personal identifying informationsince 3 lines
Disposition of business records, S.C. Code Ann. sec. 37-20-190 · Read the law's page
- Applies to a business that disposes of a business record that contains personal identifying information of a customer. It does not apply to a bank or financial institution subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act, a health insurer subject to and in compliance with the privacy and security standards of the Health Insurance Portability and Accountability Act of 1996, or a consumer credit-reporting agency subject to and in compliance with the federal Fair Credit Reporting Act.
- When you dispose of a business record that contains personal identifying information of a customer, modify the personal identifying information by shredding, erasing, or other means so that it is unreadable or undecipherable.
- You comply if you contract with a person engaged in the business of disposing of records to make that modification on your behalf.
H.3424 (2024), Child Online Safety Actsince 2 lines
S.C. Code Ann. section 37-1-310 · Read the law's page
- Applies to a commercial entity that knowingly publishes material on a website more than one third of which is material harmful to minors.
- Perform reasonable age verification of South Carolina visitors to confirm they are 18 or older, using a digitized identification card, a third party verification service, or a commercially reasonable method relying on transactional data.
Unauthorized Disclosure of Intimate Images, Including Digitally Forged Images (2025 Act No. 37, H.3058)since 3 lines
S.C. Code Ann. §§ 16-15-330, 16-15-332 · Read the law's page
- Do not intentionally disseminate an intimate image, or a digitally forged intimate image generated or substantially modified using machine-learning techniques or other machine-generated means, of another person without the effective consent of the depicted person.
- The depicted person's consent to the creation of an intimate image, or the person's disclosure of it to another individual, is not effective consent to its dissemination.
- Disseminating with the intent to cause physical, mental, economic, or reputational harm, or for profit or pecuniary gain, is a felony; without that intent a first offense is a misdemeanor and a second or later offense is a felony.
Obscene Visual Depictions of a Minor, Including Computer-Generated Images (2025 Act No. 57, S.28)since 4 lines
S.C. Code Ann. § 16-15-390 · Read the law's page
- Do not knowingly produce, distribute, solicit, or possess with intent to distribute an obscene visual depiction or representation, including a computer-generated image or picture, that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity; this is a felony.
- Do not knowingly possess such an obscene depiction or representation; this is a felony.
- The minor depicted does not have to actually exist: that is not a required element of any offense under the section.
- A provider of a telecommunications service or an information service is not covered for content provided by another person.
AI-Generated and Morphed Images of an Identifiable Minor (2025 Act No. 58, S.29)since 4 lines
S.C. Code Ann. §§ 16-15-375(8), 16-15-395, 16-15-405, 16-15-410, 16-15-412 · Read the law's page
- Do not record, photograph, film, develop, duplicate, produce, or create for sale or pecuniary gain a visual depiction of a minor, or a morphed image of an identifiable minor, including a computer-generated or AI-altered image, engaged in sexual activity or appearing in a state of sexually explicit nudity; this is first degree sexual exploitation of a minor.
- Do not record, distribute, transport, exhibit, receive, sell, purchase, exchange, or solicit such a depiction or morphed image; this is second degree sexual exploitation of a minor.
- Do not possess such a depiction or morphed image; this is third degree sexual exploitation of a minor.
- The depicted minor does not have to be an actual participant in any sexual conduct: a morphed image is one created, adapted, or modified using an actual, recognizable minor's likeness to make it appear that minor is engaged in sexual conduct or sexually explicit nudity, so a synthetic or AI-generated depiction of a real, identifiable minor is covered on the same terms as a photograph.
Protecting Children from Chatbots Act (S. 1037)proposed7 lines
S.C. S. 1037, 126th Gen. Assembly (2025-2026 session)
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- As an operator of a large chatbot, verify the age of users.
- As an operator of a large chatbot, provide a limited-access mode for minors.
- As an operator of a large chatbot, obtain parental consent before a minor may access an adult feature.
- As an operator of a large chatbot, do not maximize user engagement at the expense of user well-being.
- As an operator of a large chatbot, do not falsely claim the chatbot is human.
- As an operator of a large chatbot, report an incident when a chatbot interaction causes documented harm to a minor.