Bill > H3058

This bill establishes new legal provisions in South Carolina addressing the unauthorized dissemination of intimate images and digitally forged intimate images. The legislation defines key terms such as "intimate image" (which includes sexually explicit visual depictions of an individual's body), "digitally forged intimate image" (computer-generated images that appear authentic), and "effective consent" (affirmative, conscious, and voluntary authorization). The bill creates a criminal offense for intentionally sharing such images without the depicted person's effective consent, with penalties that vary based on the perpetrator's intent. For violations committed with the intent to cause harm or for financial gain, offenders can face felony charges with fines up to $10,000 and imprisonment up to ten years, especially for repeat offenses. Less intentional violations are treated as misdemeanors with lighter penalties. The law includes important nuances, such as clarifying that prior consent to image creation does not constitute consent to distribution, and that the offense is a standalone charge that can be pursued alongside other potential legal actions. The bill also includes a specific exemption for law enforcement images created during lawful investigations and prohibits duplicating intimate images during criminal proceedings, demonstrating a careful approach to protecting individuals' privacy and dignity.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3058&session=126&summary=B