SC’s New Law Cracks Down on AI-Generated Child Exploitation

Erin Bailey Law
Jun 17
3 min read

Expanded definitions now include deepfakes, computer-morphed images, and new prosecution guidelines.

Each year, South Carolina’s legislative session brings legal changes that affect everyday people across the state. In this ongoing series, criminal defense lawyer Erin Bailey breaks down what’s new, what it means, and how it could impact you.

When people think about child exploitation laws, they often assume the material in question has to be real - actual photos of actual minors.

But a new South Carolina law expands that definition significantly, and in doing so, the state becomes one of the first to address the growing threat of AI-generated or computer-morphed imagery head-on.

Here’s what changed - and why it matters.

South Carolina’s legislature has updated the definition of child sexual abuse material (CSAM) to include not just photos or videos of real minors, but also computer-generated images and AI-manipulated likenesses. The law specifically names “morphed” images or content where a child’s face, birthmark, or other identifying feature has been digitally placed on another person’s body.

Previously, proving a CSAM charge required the state to identify the minor. That’s no longer the case. Under this new law, it’s enough for the minor to be identifiable - based on face or distinguishing characteristics - regardless of whether law enforcement can determine exactly who that person is.

A companion law adds another new offense: Obscene Visual Representation of a Minor.This covers situations where the minor doesn’t even have to exist. Think: entirely AI-generated content of a child engaged in sexual conduct or nudity. Possessing, producing, distributing, or soliciting this type of content is now its own crime - even if it was created entirely by a computer.

In a digital age where deepfakes and AI tools are becoming increasingly accessible, this legislation attempts to fill a growing legal gap.

And in a surprising turn, South Carolina is one of the first states to formally acknowledge and address these modern threats in its criminal code.

Here’s how these cases will now be handled.

Local police departments won’t be the ones investigating or prosecuting these crimes. Instead, jurisdiction lies exclusively with the statewide grand jury or the South Carolina Attorney General’s Office, working alongside the Internet Crimes Against Children Task Force (ICAC).

This centralization aims to ensure consistency in how these highly sensitive cases are approached and avoids fragmented enforcement.

What about minors who are charged?

The law acknowledges the reality that some of these cases involve minors sending images to one another - sometimes under pressure or without fully understanding the consequences. If the person charged is under 18 and it’s their first offense, the case will be handled in family court and will not require sex offender registration.

Still, that doesn’t mean these cases aren’t serious. Both offenses - Exploitation and Obscene Visual Representation of a Minor - are now categorized within the sex offender registry framework as Tier 1 or Tier 2 crimes, depending on the facts of the case.

That means real, lasting consequences for anyone convicted.

Why this matters

The law is trying to play catch-up with technology. And in this case, South Carolina is setting the tone.

The inclusion of AI-generated and computer-morphed content shows a willingness to address real threats in a digital landscape, while also raising questions about evidence, intent, and fairness that we’ll be navigating in the courtroom for years to come.