Law / United States / 
South Carolina
Obscene Visual Depictions of a Minor, Including Computer-Generated Images (2025 Act No. 57, S.28)
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- 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.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 16-15-390(B) and (C) make knowingly producing, distributing, soliciting, possessing with intent to distribute, or possessing an obscene depiction of a minor a felony punishable by imprisonment of no more than ten years. Where the person charged is a minor with no prior adjudication under the section or for an offense that places a person in the sex offender registry, the offense is a misdemeanor heard by the family court.
What record it asks for
Logging duty
Section 16-15-390 defines the offenses and creates no duty to log, record, or document how a depiction was made.
- Kind
- None
- As of
What this law does
Section 16-15-390 makes it a felony punishable by imprisonment of no more than ten years to knowingly produce, distribute, solicit, or possess with intent to distribute an obscene visual depiction or representation that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity. The same section makes knowing possession of such an obscene depiction or representation a felony punishable by imprisonment of no more than ten years.
The section's definition of a visual depiction or representation includes a computer image or picture and a computer-generated image or picture. It is not a required element of any offense under the section that the minor depicted actually exists. The section does not apply to a provider of a telecommunications service or an information service for content provided by another person. 2025 Act No. 57 (S.28), which added the section, 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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