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H 3035

Unlawful dissemination of sexually explicit materials

2025-2026 Regular Session Introduced by Case Brittain and 3 co-sponsors

Prohibits knowingly disseminating sexually explicit images of another person without permission when it causes distress, punishable as a misdemeanor up to 1,000 fine or 1 year.

Member(s) request name added as sponsor: Brittain
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Bill Summary · H 3035

Summary — H 3035: Unlawful Dissemination of Sexually Explicit Materials

Note: The file provided includes text from multiple unrelated dockets. This summary focuses on the South Carolina proposal titled “Unlawful dissemination of sexually explicit materials” (to add S.C. Code §16-15-260).

Purpose / Intent

The bill creates a new offense in the South Carolina Criminal Code to prohibit knowingly disseminating or selling images or other visual depictions that show another person in “sexually explicit nudity” without a lawful purpose or privilege, when the depicted person suffers emotional distress or embarrassment. The aim appears to be to criminalize nonconsensual distribution of explicit images (commonly described as “revenge porn”) where the distributor lacks authorization and the victim is harmed.

Key provisions

  • Adds Section 16-15-260 to Article 1, Chapter 15, Title 16.
  • Prohibited conduct:
    • Disseminating or selling any picture, drawing, video recording, film, digital electronic file, or other visual depiction (or reproductions) that depicts another person in sexually explicit nudity (term cross‑referenced to §16-15-375).
    • The prohibition applies “absent a clear public purpose.”
    • Two elements must be met:
    • The disseminator “knows or has reason to know” they are not licensed or privileged to disseminate or sell the material; and
    • The depicted person suffers emotional distress or embarrassment.
  • Penalty: Classified as a misdemeanor; upon conviction punishable by a fine up to $1,000 and/or imprisonment for up to one year.
  • Effective date: The act takes effect upon approval by the Governor.

Who would be affected

  • Potential defendants: Individuals who share, publish, or sell sexually explicit images or videos of others without authorization and who know (or should reasonably know) they lack permission to do so.
  • Potential victims: Persons depicted in sexually explicit nudity who suffer emotional distress or embarrassment from unauthorized dissemination.
  • Law enforcement and prosecutors: New investigation and charging authority under the misdemeanor offense.
  • Online platforms and publishers: May face increased takedown requests or subpoenas; the bill’s scope and application to intermediaries is not specified.

Procedural / timeline notes

  • Documented dates in the provided material: prefiled Dec 5, 2024; introduced/read first time Jan 14, 2025; listed as introduced Feb 27, 2025; member Brittain added as sponsor April 10, 2025; hearing scheduled for Sept 9, 2025. (The source material also contains unrelated docket text from another state; the dates above reflect items included in the supplied file and may require verification with the official South Carolina legislative docket.)

Implementation and legal considerations

  • The statute references “sexually explicit nudity” in §16-15-375; interpretation of that definition will be central to enforcement.
  • The “absent a clear public purpose” clause creates an exception for disclosures made for legitimate public-interest reasons, but the bill does not define “clear public purpose.”
  • The mens rea standard (“knows or has reason to know”) imposes a negligence/constructive-knowledge element that may be relevant to prosecutions.
  • Potential constitutional issues may arise concerning expressive content and the First Amendment; courts often balance privacy harms against free‑speech protections in similar statutes.
  • The misdemeanor classification and maximum penalties are modest relative to some other jurisdictions’ civil remedies and felony prosecutions for nonconsensual pornography.

If you want, I can: (1) compare this draft to existing South Carolina statutes (including §16-15-375), (2) map how other states criminalize nonconsensual dissemination of explicit images, or (3 produce potential amendment language to clarify “public purpose” or intermediary liability.

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

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