The bill H. 3058 aims to amend the South Carolina Code of Laws by introducing new sections that address the unauthorized dissemination of intimate images and digitally forged intimate images without effective consent. It defines key terms such as "digitally forged intimate image," "effective consent," "identifiable individual," and "intimate image." The bill establishes that a person who intentionally disseminates such images without consent is committing a felony, with penalties that vary based on whether it is a first or subsequent offense. Specifically, a first offense could result in a fine of up to $5,000 or imprisonment for up to five years, while a second or subsequent offense could lead to a fine of up to $10,000 or imprisonment for one to ten years, with no possibility of suspended sentences or probation.

Additionally, the bill clarifies that multiple violations involving the same individual can be treated as separate offenses and prohibits the duplication of intimate images for criminal discovery purposes. It also states that violations of this section do not preclude charges under other applicable laws and provides an exception for law enforcement when images are created as part of a lawful criminal investigation. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 16-15-330, 16-15-332
Latest Version: 16-15-330, 16-15-332
12/06/2024: 16-15-330, 16-15-332