AI Frontier Institute

Disclosure of Intimate Images

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South Carolina H. 3058 adds two new sections to state law (Sections 16-15-330 and 16-15-332) to criminalize the intentional dissemination of intimate images or AI-generated ('digitally forged') intimate images without the depicted person's effective consent. Section 16-15-330 defines key terms: a 'digitally forged intimate image' is one generated or substantially modified using machine-learning or computer-generated means to falsely depict a real, identifiable individual; 'effective consent' requires affirmative, conscious, and voluntary authorization; and 'intimate image' covers still or video depictions of genitals, sexual activity, or sexually explicit nudity. Section 16-15-332 creates the offense of unauthorized disclosure of intimate images. Penalties are graduated: if the dissemination is done with intent to cause physical, mental, economic, or reputational harm, or for profit, it is a felony—first offense carries up to $5,000 fine and/or up to 5 years imprisonment; a second or subsequent offense carries up to $10,000 fine and/or 1–10 years imprisonment with no suspended sentence or probation. Without such intent, a first offense is a misdemeanor (up to $5,000 and/or up to 1 year), and a second or subsequent offense is a felony (up to $5,000 and/or up to 5 years). The bill clarifies that consent to create an image does not constitute consent to disseminate it, that intimate images may not be duplicated for criminal discovery, that a violation is a separate offense not precluding other charges, and that images created by law enforcement during lawful criminal investigations are exempt.

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