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H 3046

Sexual Exploitation of a Minor, morphed images

2025-2026 Regular Session Introduced by Jeff Bradley and 33 co-sponsors

Updates SC law to criminalize morphed images of identifiable minors in sexual content, expands material include CG imagery, and places offenders on the sex offender registry.

Referred to Committee on Judiciary
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Bill Summary · H 3046

Summary — H. 3046: Sexual Exploitation of a Minor — “Morphed images”

Status & procedure
- Introduced: Filed/prefiled Dec 5, 2024; read first time Jan 14, 2025.
- House action: Committee on Judiciary reported favorably (Feb 26, 2025); roll call on second reading Yeas 96 / Nays 19; read third time and sent to Senate (early Apr 2025). Senate concurred; referred to Senate Judiciary; hearing scheduled for Jun 16, 2025 (1:00–5:00 PM).
- Committee report and fiscal analysis prepared by the South Carolina Revenue and Fiscal Affairs Office and related agencies.

Purpose / intent
- To update South Carolina criminal statutes addressing sexual exploitation of minors to explicitly cover “morphed images” and “identifiable minors,” broaden definitions of material harmful to minors (including computer-generated images), and to make conforming changes to registration/termination rules for sex offender tiers and related statutes.

Key provisions
1. New/clarified definitions (Section 16-15-375)
- “Identifiable minor”: a person who was a minor when an image was created/adapted/modified (or whose image as a minor was used) and is recognizable by face, likeness, birthmark, or other distinguishing feature; actual proof of identity is not required.
- “Morphed image”: any visual depiction (photo, video, film, computer-generated image, etc.) of sexually explicit conduct that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct or sexually explicit nudity.
- Expands “material” harmful to minors to explicitly include computer-generated pictures/images.

  1. Criminalization / expansion of offenses (Sections 16-15-395, 16-15-405, 16-15-410)

    • First-, second-, and third-degree sexual exploitation of a minor are amended to include unlawful creation, production, duplication, or sale of material that contains a morphed image of an identifiable minor engaged in sexual activity or explicit nudity where a reasonable person would infer sexual stimulation as the purpose.
    • For adult perpetrators these remain (or are treated as) felonies; certain offenses committed by minors (first-time) may be misdemeanors in family court.

  2. Sex offender registry and termination (Sections 23-3-430, 23-3-462 and others)

    • Persons convicted of criminal exploitation of a minor (1st–3rd degree) are placed on the sex offender registry as Tier II offenders (the bill also adjusts Tier I/Tier II classifications and clarifies termination/eligibility timelines, including for out-of-state or federal convictions).

  3. Conforming amendments

    • Makes conforming changes to related statutes (criminal solicitation of a minor, employing persons under 18 to appear in sexually explicit nudity, definitions under the Sexually Violent Predator Act, etc.).

Who is affected
- Victims: minors whose likeness is used or whose image is morphed into sexually explicit depictions.
- Perpetrators: anyone creating, adapting, distributing, or commercially exploiting morphed sexual images depicting identifiable minors.
- Criminal justice system: law enforcement, prosecutors (including Attorney General units handling internet crimes), courts (general sessions and family court), corrections, and sex offender registry administrators.
- State budget/operations: potential workload increases for courts, prosecutors, public defenders, corrections, and related agencies.

Fiscal and operational impacts
- RFA/fiscal statement: potential increase in circuit and family court caseloads, prosecutions, incarcerations, and associated workloads for Indigent Defense, Prosecution Coordination, Corrections, and others. If caseload increases significantly, additional General Fund appropriations may be requested.
- Corrections cost reference: FY2023–24 annual total cost per inmate $40,429 (of which $36,553 is state-funded).
- Potential increase in General Fund/other revenues from fines/fees is possible but indeterminate.

Effective date
- The bill text as provided does not specify an explicit effective date for all provisions. (Committee/final enactment timing would determine implementation and registry timeline changes.)

Notes
- The bill’s text emphasizes that an “identifiable minor” need not be positively identified by name for the offense to apply, and it targets modern image-manipulation technologies (e.g., deepfakes, CGI) by naming “morphed images.”

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

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