COLUMBIA, S.C. (WCSC) – South Carolina Gov. Henry McMaster held a signing Thursday morning of a bill designed to protect South Carolinians from deepfake and revenge pornography.
House Bill H.3058, the Unauthorized Disclosure of Intimate Images Act, creates a felony offense for individuals who share intimate images with the intent to cause physical, mental, economic, or reputational harm to the person depicted.
That includes AI-generated images made to look like real photos of an identifiable person.
“As technology advances, so too must our laws to keep pace with emerging threats and protect personal privacy,” McMaster said. “This legislation sends a clear message that those who harm others by sharing explicit images without their consent will be held fully accountable.”
The governor noted that while a right to privacy is not found in the United States Constitution, it is mentioned in South Carolina’s Constitution.
“So we have a basis for these kinds of laws,” he said. “It can’t be challenged and that’s good news for the people of South Carolina.”
Lt. Gov. Pamela Evette, Attorney General Alan Wilson and Rep. Chris Wooten, R-Lexington, the bill’s primary sponsor, joined McMaster for the signing.
“It’s taken a lot of work and the help of our friends in the Senate to get this passed,” Wooten said. “This is a great day in South Carolina, as we are now not the only state that does not have a revenge porn statute. I am proud to have helped mend this together.”
A first offense carries a maximum fine of $5,000 and up to five years in prison. A second or subsequent offense carries a maximum fine of $10,000 and a prison sentence of one to ten years.
The law also establishes penalties for individuals who share intimate images without the intent to cause physical, mental, economic, or reputational harm to the person depicted. 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 is classified as a felony, punishable by a maximum fine of $5,000 and up to five years in prison.
The legislation defines “digitally forged intimate images” to include images that are created by AI or other computer or machine-generated means.
It also clarifies that a person’s consent to create or privately share an image does not imply consent for the wider distribution of the image.
Thursday morning’s signing was ceremonial because McMaster officially signed the bill on May 12 at which point the law immediately went into effect.
But before that signature earlier this month, the Palmetto State stood alone in the country as the only state that had no law on the books targeting revenge porn.