South Carolina AI Laws: What's Enacted and What's Next (2027)

As of November 2026, South Carolina has not enacted a comprehensive AI law. We found four enacted laws that most directly reach AI or AI-made content, and other statutes can also apply. Three are criminal statutes from May 2025: H 3058 (Act 37, digitally forged intimate images), S 28 (Act 57, obscene visual representations of child sexual abuse) and S 29 (Act 58, morphed images of identifiable minors). The fourth is Section 40-57-820 (2024 Act 204), which makes real estate licensees responsible for work product produced with AI.

The 2026 bills on chatbots, AI in therapy, insurer AI and high-risk AI did not become law. For other states, see our AI laws by state guide.

H 3058 (Act 37): Digitally Forged Intimate Images

H 3058, Act No. 37 of 2025, was signed May 12, 2025 and took effect that day. It adds sections 16-15-330 and 16-15-332 to the Code.

A "digitally forged intimate image" is an intimate image of an identifiable individual that appears to a reasonable person to be indistinguishable from an authentic visual depiction and is "generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict an individual's appearance or conduct." A label saying the image is not authentic does not take it outside the definition.

Under section 16-15-332(A), "A person who intentionally disseminates an intimate image or a digitally forged intimate image of another person without the effective consent of the depicted person is guilty of the unauthorized disclosure of intimate images."

The section adds that a person intentionally disseminates such an image "if he has knowledge that the image was obtained or created under circumstances when he knew or reasonably should have known the person depicted had a reasonable expectation of privacy."

The act does not apply to images law enforcement creates in an otherwise lawful criminal investigation. Section 16-15-332, as read in the current Code on November 4, 2026, sets criminal penalties and creates no civil cause of action. More is on our South Carolina deepfake laws page.

S 28 (Act 57): Obscene Visual Representations of Child Sexual Abuse

S 28, Act No. 57 of 2025, was signed May 22, 2025 and took effect that day. It adds section 16-15-390. A "visual depiction or representation" includes a "computer-generated image or picture."

Producing, distributing, soliciting or possessing with intent to distribute an obscene depiction of a minor is a felony carrying no more than 10 years. Knowing possession also carries no more than 10 years. A minor with no prior adjudication under the section or for a registry offense is handled as a misdemeanor in family court.

Subsection (E) says, "It is not a required element of any offense under this section that the minor depicted actually exists." The section exempts law enforcement, prosecutors and certain telecommunications and information service providers. An arrest warrant may issue only after a state grand jury true bill or a probable cause finding after an investigation by the Internet Crimes Against Children Task Force in conjunction with the Attorney General's Office.

S 29 (Act 58): Morphed Images of Identifiable Minors

S 29, Act No. 58 of 2025, was signed May 22, 2025 and took effect that day. A "morphed image" is a visual depiction "created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct or sexually explicit activity or appearing in a state of sexually explicit nudity."

An "identifiable minor" must be recognizable as an actual person by face, likeness or another distinguishing characteristic, and proof of the minor's actual identity is not required. The act amends sections 16-15-395, 16-15-405 and 16-15-410, the three degrees of sexual exploitation of a minor, to include morphed images.

The new section 16-15-412 is a warrant rule, not an offense: an arrest warrant for one of those offenses that concerns a morphed image may issue only on a state grand jury true bill or a probable cause finding after an investigation by the Internet Crimes Against Children Task Force in conjunction with the Attorney General's Office. The act also amends the sex offender registry tiers in section 23-3-430.

Other statutes can also apply. The sexual extortion law, Section 16-15-430 (2023 Act 54), covers intentionally and maliciously threatening to release, exhibit or distribute a private image of another to compel the victim, with the intent to obtain more private images or anything else of value. It is a felony, or a family court misdemeanor when the person convicted is a minor. The section defines an image to include a "digital or computer-generated visual depiction." It does not use the words artificial intelligence, and we did not look for a court decision applying it to an AI-made image.

Section 40-57-820 (Act 204): AI Work Product by Real Estate Licensees

Section 40-57-820, added by Act No. 204 of 2024 (H 4754), sits in the real estate licensing chapter. The act was signed May 21, 2024, and the Code history lists the section as effective that day.

The section says, "A licensee under this chapter is responsible for any and all work product produced by him or with the assistance of artificial intelligence, machine learning, or similar programs." It adds that a violation of the chapter committed through those programs "will be treated as if the violation was committed directly by the licensee."

The section places responsibility on the licensee. By its terms it does not bar the programs. We found it in a search of our stored copy of the Code, not in the 2025-2026 bill title scan described below.

Election Deepfakes in South Carolina

We found no enacted South Carolina law on AI in elections, based on a scan of 2025-2026 bill titles. H 3517 is a bill, not law, on deceptive and fraudulent deepfake media in elections. The bill page showed no action since its referral to House Judiciary on January 14, 2025.

South Carolina AI Strategy and Other State Guidance

State agencies. The South Carolina State Agencies Artificial Intelligence Strategy, dated June 2024, comes from the Department of Administration. Its OTIS and DIS units "engaged more than 80 agencies statewide." Its focus areas are Protect, Promote and Pursue, and its actions include an AI Advisory Group and an AI Center of Excellence. It is a strategy document, not a statute.

Insurance. The NAIC's status list, dated November 3, 2026, shows South Carolina adopting its model bulletin on insurers' use of AI as Bulletin 2026-07 on September 24, 2026. We read that listing, not the bulletin. An insurance bulletin is a regulator's statement of expectations under existing law, not a new law.

Workers' compensation. A June 17, 2026 advisory from the Workers' Compensation Commission says it issued a bench order setting an interim generative AI policy. Litigants must ensure the accuracy of work product produced with generative AI, and memorandums of law submitted at a Commissioner's request must include a signed statement on whether AI was used.

Attorney General. Attorneys general in Arizona, Arkansas, Idaho, Iowa, Montana, Nebraska and West Virginia announced separate suits against OpenAI on October 14, 2026. Official releases from several of those states also name Kansas. South Carolina is not among the states those releases name, and the Attorney General's news pages for October 5 through November 3, 2026 listed no OpenAI or chatbot item.

We found no governor's executive order on AI, based on a web search.

AI Note-Takers and Recording in South Carolina

For how South Carolina recording consent rules apply to AI meeting tools, see our South Carolina AI meeting recording laws page.

How Federal AI Policy Affects South Carolina

As of November 4, 2026, we found no federal statute in the public laws of the 119th Congress that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid.

The Justice Department formed an AI Litigation Task Force in January 2026, the White House issued legislative recommendations in March 2026, and the FTC proposed a policy statement in July 2026. Separately, in April 2026 the Justice Department intervened in a lawsuit against Colorado's AI law under the Civil Rights Act of 1964. We did not find a published Commerce evaluation of state laws in the Federal Register or on ntia.gov, or a BEAD notice carrying the order's AI condition on NTIA's sites. Our state AI law preemption page tracks this.

South Carolina AI Bills That Were Not Enacted (2025-2026)

These are the last actions on each bill's page as read November 4, 2026. None had been enacted.

What Changes in South Carolina AI Law in 2027

As of November 4, 2026, we found no AI law scheduled to take effect in South Carolina in 2027; we searched the General Assembly's bill records for the 2025 and 2026 sessions (S 1-1400 and H 3001-5700) by title, then opened each AI-related bill's own page. That scan can miss a provision in the body of a bill, and we did not run a full-text search of enacted acts.

The bills above belong to the 2025-2026 session of the 126th General Assembly. We did not confirm from a legislature page whether any can still move after this term, so treat each one only as an unenacted bill.

This page is general legal information about South Carolina law as of November 4, 2026, not legal advice. Whether a law applies to a particular person or business depends on the facts, so consult a lawyer licensed in South Carolina for advice about your situation.

More South Carolina Laws

Explore other South Carolina law topics on Recording Law:

• South Carolina Recording Laws
• South Carolina Data Privacy Laws
• South Carolina Whistleblower Laws
• South Carolina Sexting Laws
• South Carolina Surveillance Camera Laws
• South Carolina Deepfake Laws
• South Carolina AI Meeting Recording Laws

Frequently Asked Questions

Does South Carolina have an AI law?

South Carolina has no comprehensive AI law as of November 2026. We found four enacted laws most directly reaching AI or AI-made content: three May 2025 criminal statutes, H 3058 on digitally forged intimate images, S 28 on obscene visual representations of child sexual abuse and S 29 on morphed images of identifiable minors, plus Section 40-57-820 (2024 Act 204), which makes real estate licensees responsible for AI-assisted work product.

Are AI deepfakes illegal in South Carolina?

Some are. Under Section 16-15-332, intentionally disseminating an intimate image or digitally forged intimate image of another person without the depicted person's effective consent is a crime. Intent turns on what the person knew or reasonably should have known about the depicted person's reasonable expectation of privacy. The penalty depends on intent to harm or profit and on prior offenses, from a misdemeanor up to a felony with 1 to 10 years. We found no enacted law on election deepfakes, based on a scan of bill titles.

Is AI-generated child sexual abuse material illegal in South Carolina?

Section 16-15-390 makes producing, distributing, soliciting or possessing with intent to distribute an obscene depiction of a minor a felony carrying no more than 10 years, and knowing possession carries no more than 10 years. Depictions include computer-generated images, and the statute says it is not a required element that the minor depicted actually exists. S 29 also reaches morphed images of identifiable minors.

Did South Carolina pass a chatbot law?

No, as of the bill pages read November 4, 2026. S 896, the Chatbot Protection Act, had a favorable committee report with amendment on May 6, 2026 but no floor action. S 1037, H 5138 and H 5476 remained in committee.

Does South Carolina regulate AI in health care?

We found no enacted statute, based on a scan of bill titles. S 788 on AI in therapy passed the Senate, with a 44-0 roll call at second reading, and was referred to a House committee. S 443, S 920 and H 5206 on health insurer AI were not enacted.

Does South Carolina regulate AI in hiring?

We found no enacted statute or bill on it, based on a scan of 2025-2026 bill titles that can miss a provision in the body of a bill.

Does South Carolina have rules for insurers using AI?

The NAIC's list dated November 3, 2026 shows South Carolina adopting its model bulletin as Bulletin 2026-07 on September 24, 2026. A bulletin states a regulator's expectations under existing law. It is not a new statute.

What is South Carolina's AI Strategy?

A June 2024 state agency strategy from the Department of Administration, built around Protect, Promote and Pursue. It is a policy document, not a statute.

Will South Carolina AI law change in 2027?

As of November 4, 2026, we found no AI law scheduled to take effect in 2027, based on a scan of 2025-2026 bill titles. The chatbot, therapy and insurer bills were not enacted as of their bill pages.