Revenge Porn Laws in South Carolina (2026): Your Rights and What to Do
South Carolina was one of the last states without a specific revenge-porn law until Governor Henry McMaster signed the Unauthorized Disclosure of Intimate Images Act (H.3058) on 29 May 2025. The new law creates a felony offense and civil remedies, and it was drafted from the outset to cover digitally forged and AI-altered images, not just authentic photographs.
South Carolina at a Glance
- Statute
- Unauthorized Disclosure of Intimate Images Act — S.C. Code § 16-15-332
- Criminal classification
- Felony
- Maximum penalty
- Up to five years in prison and substantial fines, with enhanced penalties where the material was created or altered digitally with intent to cause harm
- Can you sue?
- Yes — S.C. Code § 16-15-332 and related provisions of the Unauthorized Disclosure of Intimate Images Act provide for civil remedies for the person depicted
- Time limit to sue
- Generally three years for most personal-injury style claims under South Carolina law; confirm the exact deadline with a South Carolina attorney
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in South Carolina?
Yes, as of the Unauthorized Disclosure of Intimate Images Act, signed 29 May 2025. S.C. Code § 16-15-332 makes it a crime to knowingly disclose an intimate image of an identifiable person without their consent, where the person had a reasonable expectation of privacy and disclosure was likely to cause harm.
The Act was passed specifically in response to the rise of AI-generated 'deepfake' pornography as well as traditional nonconsensual sharing, and it covers both real photographs and digitally forged images depicting a real person.
Exceptions generally apply to lawful law enforcement activity, legitimate reporting, and other narrowly defined circumstances.
Penalties for Sharing Intimate Images in South Carolina
Violating § 16-15-332 is a felony in South Carolina, with penalties that can reach up to five years in prison and substantial fines, and enhanced penalties where the image was digitally created or altered with intent to cause harm.
Because the Act is new, prosecutors may also continue to rely on related charges such as harassment, stalking, and extortion in cases involving threats or coercion tied to the images.
Images depicting a minor are prosecuted under South Carolina's separate child sexual abuse material laws, which carry their own severe felony penalties.
Can I Sue Someone in South Carolina?
Yes. The Unauthorized Disclosure of Intimate Images Act provides civil remedies for the person depicted, allowing a claim for damages against whoever disclosed the image without consent, separate from any criminal prosecution.
Because the law is newly effective, the exact scope of available damages and procedures is still developing, so working with a South Carolina attorney familiar with the new Act is especially important.
If a written agreement existed between you and the other person, its breach does not on its own stop someone from sharing images, but it is useful evidence that there was no consent to share, and can support an additional contract claim.
Does South Carolina Cover Deepfakes and AI Images?
Yes. Unlike many older state statutes that were later amended to address AI, South Carolina's 2025 Act was drafted from the start with deepfakes in mind, covering intimate images that have been digitally forged or altered to depict a real, identifiable person.
This makes South Carolina's law among the most current on this issue. The federal TAKE IT DOWN Act adds a further layer of protection, requiring covered platforms to remove qualifying nonconsensual images, including AI forgeries, within 48 hours of a valid takedown request.
What to Do Right Now If Your Images Were Shared in South Carolina
- 1
Preserve the Evidence Before Reporting It
Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.
- 2
Use the Platform's Intimate-Image Report
Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.
- 3
Use StopNCII.org to Limit Re-Uploads
For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.
- 4
Report It in South Carolina
Contact your local police department or sheriff's office and refer to S.C. Code § 16-15-332. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.
- 5
Get Advice About the Civil Claim
Ask a South Carolina attorney about the civil remedies available under the new Unauthorized Disclosure of Intimate Images Act and about breach of any written agreement. Because the law took effect in 2025, an attorney can explain how courts are currently applying it.
Be Safer With a Written NDA as Evidence
Most of South Carolina's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementSouth Carolina: Frequently Asked Questions
Is revenge porn a felony in South Carolina?
Does South Carolina law cover AI deepfake nudes?
Can I sue someone in South Carolina for sharing intimate images?
Did South Carolina have a revenge porn law before 2025?
What if the images depict a minor?
Sources
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This page provides general information about South Carolina law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in South Carolina. Last reviewed August 2026.