Law / United States / 
South Carolina
Unauthorized Disclosure of Intimate Images, Including Digitally Forged Images (2025 Act No. 37, H.3058)
S.C. Code Ann. §§ 16-15-330, 16-15-332
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- 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.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Under Section 16-15-332(B), a violation with intent to cause harm or for profit is a felony punishable on a first offense by a fine of not more than $5,000 or imprisonment of not more than five years, or both, and on a second or later offense by a fine of not more than $10,000 or imprisonment of one to ten years, or both, with no part of the minimum sentence suspended nor probation granted. Under subsection (C), a violation without that intent is a misdemeanor on a first offense and a felony on a second or later offense.
What record it asks for
Logging duty
Sections 16-15-330 and 16-15-332 define the offense and create no duty to log, record, or document how an image was made or shared.
- Kind
- None
- As of
What this law does
Section 16-15-330 defines a digitally forged intimate image as an intimate image of an identifiable individual that appears to a reasonable person to be indistinguishable from an authentic visual depiction and that is generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict the individual's appearance or conduct.
Section 16-15-332 provides that 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 violation with the intent to cause physical, mental, economic, or reputational harm to the individual portrayed, or for the purpose of profit or pecuniary gain, is a felony punishable on a first offense by a fine of not more than five thousand dollars or imprisonment of not more than five years, or both. A violation without that intent is, on a first offense, a misdemeanor punishable by a fine of not more than five thousand dollars or imprisonment of not more than one year, or both.
The section does not apply to an intimate image or digitally forged intimate image created by law enforcement pursuant to a criminal investigation which is otherwise lawful. 2025 Act No. 37 (H.3058), which added the sections, took effect on .
When LexLint raises it
When your app profile says your app publishes adult content, generates images with AI or generates video with AI.
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