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The South Carolina bill H3058 establishes strict regulations against the unauthorized disclosure of intimate images, including those altered or created using AI. It defines key terms and outlines penalties for violations, impacting individuals and businesses that handle such images. Compliance is crucial to avoid severe legal repercussions.
Key Provisions
Defines 'digitally forged intimate image' and 'effective consent'.
Establishes penalties for unauthorized dissemination of intimate images.
Exempts law enforcement from certain provisions under specific circumstances.
Clarifies that prior consent for image creation does not imply consent for dissemination.
Prohibits duplication of intimate images for criminal discovery requests.
Specifies that violations are separate offenses and do not preclude other charges.
Latest Legislative Action
Act No. 37
Bill Sponsors (showing 5 of 21)
Name
Role
B. Newton
Primary
Bradley
Primary
Brawley
Primary
Clyburn
Primary
Cobb-Hunter
Primary
Erickson
Primary
Forrest
Primary
Govan
Primary
Guffey
Primary
Henegan
Primary
Hixon
Primary
Hosey
Primary
McCravy
Primary
Pope
Primary
Robinson-Simpson
Primary
S. Williams
Primary
Spann-Wilder
Primary
Taylor
Primary
W. Newton
Primary
Willis
Primary
Wooten
Primary
Roll Call Votes
Concur in Amendments: in Senate Amendments ·
May 7, 2025
112 Yea 0 Nay 11 OtherPassed ✓
2nd Reading ·
May 1, 2025
40 Yea 0 Nay 6 OtherPassed ✓
Passage of Bill ·
Apr 22, 2025
108 Yea 0 Nay 15 OtherPassed ✓
Compliance Checklist
Obtain effective consent before disseminating any intimate images. Who: Individuals and entities creating or sharing intimate images. Penalty: Fines up to $10,000 or imprisonment for repeat offenses.
Ensure compliance with definitions of intimate images and digitally forged images. Who: Businesses and individuals involved in image creation or sharing. Penalty: Legal consequences including felony charges for violations.
Bill H3058 amends the South Carolina Code of Laws to introduce Section 16-15-330 and Section 16-15-332, which define terms and create penalties for the unauthorized disclosure of intimate images and digitally forged images. The bill prohibits the dissemination of such images without effective consent, emphasizing that prior consent for creation does not equate to consent for dissemination. Individuals and entities that create or share intimate images must ensure they have effective consent from the depicted individuals to avoid legal consequences. Penalties for violations vary based on intent, with felonies carrying fines up to $10,000 and imprisonment for up to ten years for repeat offenders. The bill also clarifies that law enforcement is exempt under specific circumstances, and violations are treated as separate offenses, not lesser-included offenses of other crimes. This legislation aligns with growing concerns over privacy and consent in the digital age, particularly as technology evolves to create more realistic images through AI.
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