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H 5598

Dissemination of Intimate Images Without Consent

2025-2026 Regular Session Introduced by Brandon Guffey and 2 co-sponsors

The bill holds tech developers liable if they promote, train, instruct, or materially contribute to creating or disseminating intimate images, while shielding neutral tools.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 5598

Summary of Bill H 5598 (South Carolina, 2025-2026)

Title

Dissemination of Intimate Images Without Consent

Purpose and Intent

  • To amend Section 16-15-332 of the South Carolina Code to clarify when a developer or provider of technology can be held liable under the offense of disseminating intimate images without consent.
  • The bill focuses on distinguishing between neutral, general-purpose tools and those that actively facilitate the creation, alteration, or dissemination of intimate images.

Key Provisions

New subsection (G): Limitations on liability for developers/providers

  • The existing offense applies to disseminating intimate images without consent. Subsection (G) adds a safe harbor and, conversely, conditions liability for technology developers/providers.
  • A developer or provider of technology is not liable solely for developing or providing a neutral, general-purpose tool that has substantial lawful uses and is not designed, marketed, or promoted for creating a private image.

When liability can attach (subsections G(1)–G(4))

  • A developer/provider can be held liable if they:

    1. Promote the product or tool to generate an intimate image of an identifiable individual.
    2. Provide prompts, tutorials, demonstrations, or examples that instruct users on how to create an intimate image of an identifiable individual.
    3. Train, fine-tune, or configure technology to generate an intimate image of an identifiable individual.
    4. Make a material contribution to the production, alteration, or dissemination of an intimate image (defined as actions that meaningfully assist, enable, accelerate, optimize, or encourage production).

  • “Material contribution” is defined broadly to include actions that meaningfully assist or accelerate production of an intimate image.

Consequences for violators (subsection H)

  • A developer/provider who violates any of the provisions in G(1)–(4) is deemed responsible for the creation or facilitation of an intimate image and is subject to the penalties already prescribed in the section.
  • The bill preserves civil liability for profits earned from the production or dissemination of an intimate image, meaning profits by developers/providers from such activities are not immunized by this provision.

Procedural and Timeline Details

  • Effective Date: The act takes effect upon approval by the Governor.
  • Relationship to Existing Law: The repeal/amendment does not affect pending actions or rights unless expressly stated. Previously existing rights, penalties, and liabilities remain applicable to actions filed before the act’s effective date.

Practical Impact

  • For technology developers and providers, the bill creates a two-tier liability framework:
    • Safe harbor for neutral tools used for lawful purposes, absent targeted promotion or facilitation of intimate image creation.
    • Liability exposure if the developer/provider actively encourages, trains, promotes, or materially contributes to creating or disseminating intimate images.
  • For individuals and victims, the bill reinforces accountability for those who design or market tools specifically to enable intimate image creation or dissemination.
  • The bill preserves broad civil liability related to profits from exploitation of intimate images.

Who Is Affected

  • Developers and providers of technology (including platforms, software, AI tools, and related services).
  • Individuals harmed by the dissemination of intimate images may see reinforced accountability for tech actors who materially contribute.

Summary

H 5598 tightens accountability for tech developers/providers by distinguishing neutral tools from those that actively facilitate the creation or spread of intimate images. It establishes criteria under which liability can attach to those who promote, instruct, train, or materially contribute to such wrongdoing, while preserving civil liability for profit from illicit activity. The act becomes effective once the Governor approves it.

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

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