SC H3058: Disclosure of Intimate Images

In one paragraph

South Carolina's H. 3058 (Act No. 37 of 2025) creates the crime of unauthorized disclosure of intimate images (S.C. Code §§ 16-15-330, 16-15-332), covering real images and "digitally forged intimate images" made or substantially modified with machine learning or other computer means, even if labeled as fake. Intentionally sharing one without the person's effective consent is a felony if meant to cause harm or for profit (first offense up to $5,000 and/or 5 years; later offenses up to $10,000 and/or 1 to 10 years) and otherwise a misdemeanor for a first offense. Signed May 12, 2025; effective on approval.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No compliance duties for businesses. Anyone who intentionally shares a real or AI-generated (digitally forged) intimate image of a person without effective consent faces misdemeanor or felony penalties in South Carolina.

Key provisions

1. 1§ 16-15-330(1): a digitally forged intimate image is any intimate image of an identifiable individual that appears to a reasonable person indistinguishable from an authentic depiction and 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, regardless of any label saying it is not authentic
2. 2Effective consent: affirmative, conscious and voluntary authorization by an individual with legal capacity; consenting to an image's creation, or sharing it with another person, does not establish effective consent to its dissemination
3. 3§ 16-15-332(A): intentionally disseminating an intimate image or digitally forged intimate image of another person without the depicted person's effective consent is unauthorized disclosure of intimate images; dissemination is intentional if the person knew the image was obtained or created when he knew or reasonably should have known the person depicted had a reasonable expectation of privacy; multiple images of the same individual in a common act are one offense
4. 4(B) With intent to cause physical, mental, economic or reputational harm, or for profit or pecuniary gain: a felony; first offense up to $5,000 and/or up to 5 years; second or subsequent offense up to $10,000 and/or 1 to 10 years, with no suspension of the minimum sentence or probation
5. 5(C) Without that intent or purpose: first offense a misdemeanor (up to $5,000 and/or up to 1 year); second or subsequent offense a felony (up to $5,000 and/or up to 5 years)
6. 6(D)-(F): the images cannot be duplicated for criminal discovery requests and motions; the crime is a separate offense, not a lesser-included one; images created by law enforcement in an otherwise lawful criminal investigation are excluded
7. 7Ratified May 8, 2025 (R56); signed by the Governor May 12, 2025 (Act No. 37); Section 3: takes effect upon approval by the Governor

Latest legislative action

May 12, 2025. Signed By Governor (Act No. 37)

Sponsors (showing 5 of 21)

Roll call votes

Related and companion bills

• South Carolina S72Distribution of Intimate Images