New in SC Law | Revenge Porn Update: Victims Can Now Sue in South Carolina

Last year South Carolina made unauthorized disclosure of intimate images a crime. Now victims can sue the person who shared them, with damages, anonymity protections, and time to come forward. Here's how the new civil law works.

Last May, South Carolina made it a crime to share intimate images without the consent of the person in them. We covered that law when it passed.

This year, the legislature finished the job.

The Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act took effect May 15, 2026. The criminal law punishes the person who shared the images. This new law does something the criminal law can't. It lets the victim sue them.

Who can sue, and for what

The requirements are straightforward. You have to be the person shown in the image. The image has to have been private. And you have to be identifiable in it.

If someone disclosed that image publicly without your consent, you can sue. And here's the part worth reading twice. You can also sue over a threat to disclose. The person holding your images over your head doesn't have to follow through to be liable. The threat is enough.

"But you sent it to me" doesn't work anymore

This is the accusation every victim braces for, so let's be clear about what the law says.

Consenting to a photo being taken is not consent to it being shared. Sending an image to one person you trusted is not permission for the world to see it. Even a past agreement that an image could be shared doesn't automatically get the discloser out of the lawsuit.

The law puts the decision about your image back where it belongs. In your hands, every time.

Built for people afraid to come forward

Two provisions in this law were written for the fear that keeps victims silent.

First, you can ask the court to seal the pleading. That means your name doesn't have to appear in the public court file when you sue. The person who shared your images doesn't get a second audience at the courthouse.

Second, if this happened to you as a child, the clock doesn't start running until you turn 18. The law understands that a minor can't be expected to lawyer up, and it holds the door open until they're an adult who can.

What you can recover

The remedies are substantial. A victim who wins can recover the greater of their actual damages, economic and non-economic, including emotional distress, or statutory damages of up to $10,000 per defendant.

That's the floor of the list, not the ceiling. You can also recover any money the discloser made from the images. Punitive damages are available. So are attorney's fees.

And the court can order the images taken down. For many victims, that injunction matters more than any dollar figure. The law gives a judge the power to order removal, not just payment.

What the law doesn't reach

The act is not a trap for good-faith conduct, and it says so. A person isn't liable for disclosures made in good faith to law enforcement, in a legal proceeding, or for medical education or treatment. 

The same goes for good-faith reporting or investigation of unlawful conduct or matters of public concern, and disclosures reasonably intended to help the person in the images.

The deadlines

You have three years to file, counted from when you discovered the disclosure or reasonably should have. If you're suing over a threat to disclose, you have four years. And as above, if you were a child when it happened, none of that time starts until you turn 18.

Deadlines in these cases are real, but they're measured in years, not days. There is time to make this decision carefully.

The bottom line

South Carolina now comes at unauthorized disclosure from both directions. The criminal law can put the person who shared your images in front of a judge. This law can make them pay you for the harm, give back what they gained, and take the images down. One act can trigger both.

If this has happened to you or someone you love, it's worth a conversation. Erin Bailey Law will help you understand your options, at whatever pace you need.

Common Questions

Can I sue someone for sharing my intimate photos in South Carolina?

Yes. As of May 15, 2026, South Carolina law creates a civil claim for the unauthorized disclosure of intimate images, or the threat to disclose them. You must be the person depicted, the image must have been private, and you must be identifiable in it.

I sent the photo willingly. Can I still sue?

Yes. Consent to creating an image, or to sharing it with one person, is not consent to public disclosure. Even a prior agreement that an image could be released does not automatically defeat the lawsuit.

Can I file a revenge porn lawsuit without my name becoming public?

The law allows you to file a motion to seal the pleading, which keeps your name out of the public filing. Protecting victims from further exposure is built into the statute.

How long do I have to sue over shared intimate images in SC?

Three years from when you discovered the disclosure or reasonably should have discovered it, and four years for a threat to disclose. If you were under 18 when it happened, the time doesn't begin to run until you turn 18.