South Carolina Enacts Law Against Nonconsensual Image Sharing, Including AI Deepfakes
Governor Henry McMaster and Lieutenant Governor Pamela S. Evette, joined by members of the General Assembly, participated in a ceremonial signing for H. 3058. This new law establishes criminal penalties for the unauthorized disclosure of intimate images, commonly known as “revenge porn,” and modernizes state statutes to address the use of artificial intelligence (AI) and computer-generated technology in creating false or manipulated intimate images.
The legislation creates a felony offense for individuals who share intimate images with the intent to cause physical, mental, economic, or reputational harm. A first offense carries a maximum fine of $5,000 and up to five years in prison. Subsequent offenses can result in a maximum fine of $10,000 and a prison sentence of one to ten years.
Additionally, the law sets penalties for sharing intimate images without the explicit intent to cause harm. A first offense is a misdemeanor, punishable by a maximum fine of $5,000 and up to one year in prison. A second or subsequent offense in this category becomes a felony, with a maximum fine of $5,000 and up to five years in prison.
The new law specifically defines “digitally forged intimate images” to include those created by AI or other computer-generated means. It also clarifies that a person’s consent to create or privately share an image does not imply consent for its broader distribution. The bill passed the General Assembly unanimously and took effect upon the Governor’s formal signature on May 12, 2025.
