New South Carolina Law Targets “Revenge Porn” and Digitally Altered Intimate Images
Now Criminalized Under S.C. Code §16-15-332
South Carolina has enacted a new law to criminalize the unauthorized disclosure of intimate or sexually explicit images—commonly referred to as “revenge porn.” This includes not only actual photos and videos, but also AI-generated or digitally altered content. The new statute, S.C. Code §16-15-332, went into effect in 2025 and creates serious legal consequences for anyone accused under this law.
What Does the Law Prohibit?
It is now a crime to:
Distribute intimate or sexually explicit images or videos of another person without their effective consent, regardless of whether they were originally shared voluntarily.
Disseminate “digitally forged” images—including AI-generated or photoshopped images that falsely depict someone in a nude or sexual situation.
Share such content with or without the intent to harm or gain financially.
“Effective consent” means clear, voluntary, and informed permission. Even if someone originally shared the image, they did not consent to its further distribution.
Penalties Under the New Law
If the image is shared with the intent to harm, harass, or for profit:
First offense: Felony, up to 5 years in prison and/or $5,000 fine
Second offense: Felony, 1–10 years, mandatory minimum of 1 year, and/or $10,000 fine
If there was no intent to harm or profit:
First offense: Misdemeanor, up to 1 year in jail and/or $5,000 fine
Second offense: Felony, up to 5 years and/or $5,000 fine
These charges may also serve as a gateway to other investigations or additional criminal allegations, including those that could trigger sex offender registration requirements.
Examples of How Charges May Arise
Post-Breakup Retaliation
After a breakup, one partner posts a private photo of the other on social media. Even if the image was originally shared consensually, reposting it without permission—especially to embarrass or humiliate—can lead to felony charges.Deepfake or AI-Generated Images
A college student creates a digitally altered image of a classmate using an AI app and sends it around via group chat. This would qualify as a digitally forged image under the new law, potentially resulting in criminal charges.“Joking” or Group Sharing
An adult shares a private image received in a relationship with friends in a group text, thinking it’s harmless. Even without intent to harm, this can still be charged as a misdemeanor, carrying up to 1 year in jail.
What To Do If You're Under Investigation
Attorney James R. Snell, Jr. has over 20 years of experience representing individuals charged with serious felonies and misdemeanors, including sexually oriented and internet-based crimes. If you are accused of or under investigation for violating South Carolina’s revenge porn law:
Remain silent. Do not speak to police or investigators.
Do not agree to a meeting or to surrender your phone or devices.
Contact our office immediately for legal representation.
Investigations in these cases can quickly broaden beyond a single charge and may include attempts by law enforcement to seek sex offender registration. There can be overlap with other charges such as harassment, stalking, sexual exploitation of a minor, or other serious offenses.
Help for the Accused
The Law Office of James R. Snell, Jr., LLC, is a criminal defense law firm dedicated to protecting the rights and interests of those accused of violating this and other criminal laws. We defend individuals under investigation or facing charges related to the unlawful disclosure of intimate images. We do not offer legal services or consultations to those who believe they are victims, or whose images may have been shared without their consent.
Free & Confidential Legal Consultation Available
If you or a loved one is facing accusations related to the new unauthorized image disclosure law in South Carolina, we’re here to help. At the Law Office of James R. Snell, Jr., LLC, we provide experienced, confidential, and aggressive defense for individuals in Lexington, Columbia, and across South Carolina.
Call (803) 359-3301 now to schedule your free consultation and protect your rights.