If you are searching for information about revenge porn charges in SC, you may be dealing with an accusation involving private photos, videos, text messages, social media, or digitally altered images. South Carolina now has a specific criminal law addressing the unauthorized disclosure of intimate images.

The law took effect on May 12, 2025, and the consequences can range from a misdemeanor carrying up to 1 year in jail to a felony carrying up to 10 years for certain repeat offenses.

An accusation does not automatically mean a conviction. Details such as consent, intent, how an image was obtained, what was actually shared, and the surrounding communications can matter considerably.

If you have been accused, you can learn more about your options through Kent Collins Law Firm’s South Carolina criminal defense practice.

Unauthorized Disclosure of Intimate Images, a.k.a. Revenge Porn Charges in South Carolina

People commonly use the phrase “revenge porn,” but South Carolina’s statute refers to the offense as unauthorized disclosure of intimate images.

Under South Carolina Code Section 16-15-332, a person commits the offense when they intentionally disseminate an intimate image or digitally forged intimate image of another person without that person’s effective consent and with the required knowledge concerning the person’s expectation of privacy.

Importantly, the law is not limited to situations involving a bitter breakup or someone seeking revenge.

Consent to Take a Photo Is Not Necessarily Consent to Share It

South Carolina law specifically says that consent to the creation of an intimate image does not establish consent to its later dissemination. Likewise, sending an intimate image to one person does not automatically authorize that person to distribute it to others.

That distinction can become important when investigating SC revenge porn laws and possible defenses.

The statute defines “effective consent” as affirmative, conscious, and voluntary authorization given by someone with the legal capacity to provide it.

Does South Carolina’s Law Cover AI or Deepfake Images?

Yes. The statute includes certain “digitally forged intimate images,” including images generated or substantially modified using machine-learning or other computer-generated methods when they appear to a reasonable person to be indistinguishable from an authentic depiction of the individual.

That means South Carolina intimate image charges may involve deepfakes and AI-generated content, not only photographs or videos captured with a camera.

What Are the Penalties for Revenge Porn Charges in SC?

The potential punishment depends in part on the accused person’s intent.

Felony Charges When There Is Intent to Harm or Profit

If prosecutors prove the violation was committed with the intent to cause physical, mental, economic, or reputational harm to the person shown, or for profit or financial gain, the offense is a felony.

For a first offense, the maximum punishment is:

• A fine of up to $5,000,
• Imprisonment for up to five years, or both.

For a second or subsequent qualifying offense after an intervening conviction or adjudication, the potential punishment increases to a fine of up to $10,000 and imprisonment of at least one year and up to 10 years, or both. The statute also restricts suspension of the minimum sentence and probation for that repeat offense.

If you are facing a felony allegation, Kent Collins Law Firm provides additional information about felony criminal charges in South Carolina.

Misdemeanor Charges Without an Intent to Harm or Profit

When the required dissemination occurs without an intent to cause the types of harm listed in the statute and without a profit motive, a first offense is a misdemeanor. It can carry a fine of up to $5,000, imprisonment for up to one year, or both.

A second or subsequent qualifying violation becomes a felony punishable by up to five years in prison, a fine of up to $5,000, or both.

Kent Collins Law Firm also explains generally how criminal sentencing works in South Carolina.

What Should You Do After Being Accused?

Avoid deleting messages, photographs, account information, or other potential evidence simply because it seems embarrassing or harmful to your case. Digital evidence may help establish when something happened, who had access, what was authorized, and the context surrounding an alleged disclosure.

You should also be cautious about contacting the person making the accusation or posting about the situation online. Statements made in anger or an attempt to explain the situation can become part of a criminal investigation.

Instead, consider discussing the facts privately with a criminal defense attorney before deciding how to respond to investigators.

What Defenses May Apply to Revenge Porn Charges?

There is no single defense that fits every case. A criminal defense attorney may examine the evidence to determine whether the prosecution can prove each element of Section 16-15-332 beyond a reasonable doubt.

Was There Effective Consent?

Consent can be a central issue. Messages, emails, social media conversations, prior agreements, and other evidence may become relevant when determining whether the person depicted authorized a particular disclosure.

Was the Dissemination Intentional?

The statute applies to intentional dissemination under the circumstances described by the law. A defense investigation may therefore examine how the image was transmitted, who had access to an account or device, and whether the accused actually committed the alleged act.

Can Prosecutors Establish the Required Intent?

Intent can also affect whether an alleged violation is prosecuted as the more serious felony described in subsection (B). Evidence surrounding the relationship, communications, financial motive, and circumstances of the disclosure may all become important.

South Carolina also treats a violation of this statute as a separate offense and expressly permits other applicable criminal charges to be brought when the circumstances warrant.

For broader information about the criminal process, see when you may need a criminal defense lawyer in SC.

FAQ About Revenge Porn Charges in SC

1. Is revenge porn a felony in South Carolina?

It can be. A violation involving intent to cause physical, mental, economic, or reputational harm, or an intent to profit or gain financially, is a felony. A first offense without those forms of intent is classified as a misdemeanor.

2. Can you be charged if the other person originally sent you the photo?

Potentially. South Carolina law states that a person’s decision to disclose an intimate image to another individual does not, by itself, establish effective consent for that recipient to disseminate it further.

3. Does the law apply to AI-generated intimate images?

Yes, qualifying digitally forged intimate images are expressly included in the statute.

4. What if several images were shared at the same time?

The statute states that dissemination of multiple intimate images of the same individual as part of a common act is treated as a single offense under this section.

Talk With Kent Collins Law Firm About a Criminal Charge

Revenge porn charges in SC can involve complicated questions about digital evidence, consent, privacy, and intent.

Kent Collins Law Firm represents people facing criminal charges in South Carolina and maintains a criminal defense practice based in Lexington.

If you have been accused of Unauthorized Disclosure of Intimate Images, consider speaking with an attorney before answering detailed questions about the allegations. You can contact the Kent Collins Law Firm HERE or call 803-808-0905 to discuss your situation.