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AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-390 SO AS TO CREATE THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE, DEFINE TERMS, AND ESTABLISH PENALTIES; BY AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE TO THE SEX OFFENDER REGISTRY; AND BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF REGISTRATION REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.
In one paragraph
South Carolina's Act 57 of 2025 (S. 28, titled "AI Child Abuse" on the legislature's site) adds S.C. Code 16-15-390, obscene visual representations of child sexual abuse. A visual depiction includes computer-generated images, and it is not an element of the offense that the minor depicted actually exists, so AI-generated child sexual abuse material is covered. Producing, distributing or soliciting such obscene material, and knowingly possessing it, are felonies punishable by up to ten years. The offense is added to Tier I of the sex offender registry. It took effect on the Governor's approval, May 22, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Image-generation tools and platforms face criminal exposure for producing or distributing AI-generated child sexual abuse material; service providers carrying third-party content are exempt.
Key provisions
- New S.C. Code 16-15-390: producing, distributing, soliciting or possessing with intent to distribute obscene visual representations of a minor in sexually explicit conduct is a felony (up to 10 years)
- Knowing possession is a separate felony (up to 10 years); attempts and conspiracies are covered
- "Visual depiction or representation" includes computer-generated images or pictures, however produced
- It is not a required element of the offense that the minor depicted actually exists
- A first offense by a minor is a family court misdemeanor; adjudicated minors do not register
- Exemptions for law enforcement and prosecutors acting officially and for telecommunications or information service providers carrying content supplied by others
- Arrest warrants only on a state grand jury true bill or after an ICAC Task Force investigation with the Attorney General's Office
- Adds the offense to Tier I of the sex offender registry; directs an education and notification policy for students
Latest legislative action
May 22, 2025. Signed By Governor (Act No. 57)
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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error