What You Need to Know About South Carolina’s New Revenge Porn and AI Deepfake Law

Erin Bailey Law
May 29
2 min read

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

Sharing private or fake images without consent? That’s now a crime in SC.

For the first time, South Carolina has officially criminalized the act of sharing intimate images without consent - including those created using artificial intelligence.

On May 12, 2025, Governor Henry McMaster signed into law new legislation that makes it a crime to intentionally distribute an intimate image - or a digitally forged intimate image - without the consent of the person depicted. This includes what’s often referred to as “revenge porn,” as well as AI-generated “deepfake” content designed to cause harm.

What’s Covered

Under the new law, it is illegal to share explicit images of someone - even if the image was originally shared with one trusted person - without that person’s express consent. The law also makes it clear that digitally created or altered images fall under the same protections as real ones.

Penalties You Should Know

If prosecutors can show the image was shared with the intent to cause physical, mental, emotional, reputational, or economic harm, or for financial gain, the penalties are serious:

First offense: Misdemeanor, punishable by up to 5 years in prison and/or a $5,000 fine
Second offense: Felony, punishable by 1 to 10 years in prison, with a mandatory minimum of 1 year (not eligible for suspension or probation) and up to a $10,000 fine

If intent to cause harm cannot be proven, the law still imposes significant penalties:

First offense without proven intent: Misdemeanor, up to 1 year in prison and/or $5,000 fine
Second offense: Felony, up to 5 years in prison and/or $5,000 fine

What Makes This Law Different

This law sets South Carolina apart as a leader. It is one of the few states to explicitly include AI-generated deepfake imagery in its legal definition of criminal image distribution.

It also contains a controversial provision: images distributed without consent may not be reproduced during the criminal discovery process. For defense attorneys, this raises significant due process concerns.

How can an expert analyze a digital image or prove it's been manipulated if they can’t access the evidence? That question is likely to be tested in South Carolina courts in the near future.

What This Means for You

Whether you’re a teen sending photos to someone you trust or an adult targeted by a malicious ex, this law is meant to protect your privacy and your image. And if you’re on the other side of the equation - sharing or reposting something you shouldn’t - you could now face serious criminal charges.