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H 3620

AI Child Abuse

2025-2026 Regular Session Introduced by Beth Bernstein and 2 co-sponsors

Makes illegal the production, distribution, or possession of obscene visual depictions of minors (including AI/fictitious), with strict penalties and sex-offender registry rules.

Member(s) request name added as sponsor: Schuessler
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WeVote Research Nonpartisan
Bill Summary · H 3620

Summary — H 3620 (titled “AI Child Abuse”)

Purpose

This bill creates a new criminal offense for obscene visual representations of child sexual abuse (including images in which no actual child exists), establishes penalties, and adds the offense to South Carolina’s sex offender registration scheme. It also clarifies when an offender may file to terminate registration requirements.

Key provisions

  • Adds Section 16-15-390 to the South Carolina Code:

    • Definitions
    • “Obscene” is defined by reference to Section 16-15-305.
    • “Visual depiction or representation” is broadly defined to include photographs, films, videos, digital or computer-generated images, drawings, cartoons, sculptures, paintings, undeveloped film, and data convertible to a visual image.
    • Criminal prohibitions
    • Producing, distributing, receiving, or possessing with intent to distribute an obscene visual depiction of a minor engaged in sexually explicit conduct/activity or sexually explicit nudity (including drawings, cartoons, sculptures, paintings): felony.
      • Penalty: imprisonment not less than 2 years and not more than 10 years. The minimum sentence cannot be suspended and the offender is not eligible for parole until the minimum is served.
    • Possessing an obscene visual depiction as described above: felony.
      • Penalty: imprisonment up to 10 years.
    • Juvenile handling
    • If the accused is a minor with no prior adjudication under this section or any offense leading to sex-offender registration, the matter is a misdemeanor in family court. Family court may order behavioral health counseling; adjudicated minors are not required to register as sex offenders.
    • Other rules
    • It is not required that the minor physically exist (i.e., the statute covers fictional or computer/AI-generated depictions).
    • Exempts law-enforcement, prosecutorial, and corrections employees acting in official investigative or prosecutorial capacities (including making material available under discovery).

  • Amends Section 23-3-430 to add “obscene visual representation of a child sexual abuse (Section 16-15-390)” to the list of offenses that trigger sex-offender registration (Tier I). Clarifies that if the person is under 18 and adjudicated in family court, they are not required to register.

  • Amends Section 23-3-462 to clarify when an offender may file for termination of registration requirements (specific amendment text truncated in provided version).

Who is affected

  • Individuals who produce, distribute, receive, or possess obscene depictions of minors (including AI-generated or fictional depictions).
  • Online platforms, artists, AI content creators, and consumers of sexualized minor imagery could be affected by expanded criminal liability.
  • Minors prosecuted under this section (if first-time) will be treated in family court and are not placed on the sex offender registry upon adjudication.
  • Law enforcement and prosecutors retain exemptions for investigative/prosecutorial uses.

Penalties and enforcement highlights

  • Production/distribution: felony, 2–10 years, mandatory minimum non-suspendable sentence with parole barred until served.
  • Possession: felony, up to 10 years.
  • Family court misdemeanor disposition for qualifying minors.
  • Adds the offense to Tier I of the state sex offender registry (with carve-outs for adjudicated minors).

Procedural status & timeline (as provided)

  • Prefiled: 12/12/2024 (referred to Judiciary)
  • Introduced / read first time: 1/14/2025 (referred to Committee on Judiciary)
  • Senate concurred: 2/27/2025
  • Referred to Committee on Transportation: 2/27/2025
  • Sponsor name added (Schuessler): 3/05/2025
  • Hearings scheduled/rescheduled for October 2025 (dates 10/09, 10/15, 10/21 noted)

Note: The supplied materials also included an unrelated Massachusetts docket text for a motorcycle-travel bill (House No. 3620 / HD 1011). The substantive bill text summarized above pertains to the South Carolina amendments concerning obscene visual representations of child sexual abuse.

Compiled from official sources — confirm details with the bill’s official record.

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