South Carolina Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

South Carolina is one of the strongest states on nonconsensual intimate deepfakes: H 3058, signed May 12, 2025, made SC the 50th state to enact an NCII law, and it expressly covers "digitally forged intimate images" generated or substantially modified by AI. No SC law addresses election deepfakes or AI voice cloning.

Information last verified on June 9, 2026. This article has not yet been reviewed by a licensed attorney.

Is It Illegal to Make a Deepfake of Someone in South Carolina?

Whether a deepfake is illegal in South Carolina depends on the category: sexual content, election interference, or voice and likeness. SC has closed the adult NCII gap with H 3058, extended CSAM law to morphed images of identifiable minors, but has not addressed election deepfakes or AI voice cloning at the state level.

Creating a deepfake is not automatically a crime. The conduct that triggers criminal liability is distribution: sharing, posting, or transmitting an intimate image without the depicted person's consent and, in some cases, with an intent to harm or profit. Simply generating an intimate image without sharing it does not trigger the statute, though other laws (harassment, stalking) could still apply.

The three buckets to know are: (1) sexual deepfakes of adults and AI-CSAM of minors, where SC has passed law; (2) election deepfakes, where SC has no specific statute; and (3) AI voice cloning and digital likeness, where SC also has no specific statute.

Sexual and Intimate Deepfakes

South Carolina H 3058, signed by Governor Henry McMaster on May 12, 2025, added two new sections to the criminal code. Section 16-15-330 defines key terms, including "digitally forged intimate image": any intimate image of an identifiable individual that appears to a reasonable person to be indistinguishable from an authentic visual depiction, generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict the individual's appearance or conduct.

That definition is broad enough to cover generative AI tools, deepfake video, and photorealistic image synthesis. A victim does not need to prove the exact tool used.

Section 16-15-332 creates the criminal offense of unauthorized disclosure of intimate images. Penalties are tiered by intent:

• First offense, no intent to harm or profit: misdemeanor, up to 1 year imprisonment and/or up to $5,000 fine.
• First offense, with intent to harm or obtain a benefit: felony, up to 5 years imprisonment and/or up to $5,000 fine.
• Subsequent offense, no intent: felony, up to 5 years imprisonment and/or up to $5,000 fine.
• Subsequent offense, with intent: felony, 1 to 10 years imprisonment (mandatory minimum) and/or up to $10,000 fine.

The statute applies to both real and AI-generated intimate images. For AI-generated images, the "digitally forged" definition brings them squarely within coverage. Standard law enforcement exceptions apply.

AI-CSAM: Morphed Images of Identifiable Minors

South Carolina amended its child sexual exploitation statutes through S 29, signed May 22, 2025 as Act No. 58 (amending S.C. Code ss. 16-15-375, -395, -405, and -410). The amendments added the concept of "identifiable minor," covering visual depictions that have been created, adapted, or modified to appear that a recognizable real minor is engaging in sexually explicit conduct. Proof of actual identity is not required; recognizability by face, likeness, or distinguishing characteristics is sufficient.

Penalties for violations involving minors remain severe:

• First-degree sexual exploitation: 3 to 20 years, no parole until the minimum is served, sentences run consecutively.
• Second-degree: 2 to 10 years, same parole restriction.
• Third-degree: up to 10 years.

S 29 covers morphed depictions of identifiable real children. For wholly computer-generated images not depicting any real child, a companion law, S 28 (Act No. 57, also signed May 22, 2025), created S.C. Code s. 16-15-390, a felony punishable by up to 10 years for producing, distributing, or possessing obscene visual representations of child sexual abuse even when the minor depicted does not actually exist. Federal law under 18 U.S.C. 2256(8)(B) (PROTECT Act) independently covers photorealistic AI-generated CSAM that is indistinguishable from a real minor.

Election and Political Deepfakes

South Carolina has not passed an election deepfake statute. There is no state law requiring disclosure of AI-generated political content, no prohibition on synthetic media in campaign advertising, and no criminal penalty specific to election-related deepfakes as of mid-2026. A House bill, H 3517, would ban deceptive deepfakes of a candidate within 90 days of an election, but it has not moved out of the House Judiciary Committee since January 2025.

Political speech, including satire and parody, carries strong First Amendment protection. Some states that passed broad election deepfake bans have faced court challenges: a California law restricting AI election content was struck down and permanently enjoined in August 2025 on First Amendment grounds. Any future SC legislation in this space would face the same constitutional constraints.

For now, existing South Carolina election laws on fraudulent misrepresentation and general fraud statutes may apply in extreme cases, but no deepfake-specific election law exists. Voters and candidates in South Carolina should be aware of this gap.

AI Voice Cloning and Digital Likeness

South Carolina has no right-of-publicity statute and no law specifically regulating AI-generated voice clones or digital likenesses. The state relies on common law misappropriation, which requires proof of commercial use of a person's name or likeness without consent, a narrower standard that may not reach non-commercial deepfake voice abuse.

Tennessee's ELVIS Act (Tenn. Code Ann. ss. 47-25-1101 et seq., effective July 1, 2024) is the national reference point: it extended the right of publicity expressly to AI voice simulations and created a civil cause of action. South Carolina has not moved in that direction.

The proposed NO FAKES Act (S.1367 / H.R.2794, 119th Congress) would create a federal right of publicity covering AI digital replicas of voice and likeness. It has not passed either chamber as of mid-2026 and is a bill, not law.

If you are a South Carolina performer, broadcaster, or public figure whose voice or likeness has been cloned without consent, the available paths are: (1) common law misappropriation if the use is commercial; (2) the TAKE IT DOWN Act if the clone is used in intimate imagery; and (3) the FTC Impersonation Rule (16 CFR Part 461) if the clone impersonates you for commercial or government purposes.

Federal Law That Applies in South Carolina

Several federal laws apply in South Carolina regardless of the gaps in state law.

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the most significant. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated deepfakes. Penalties reach up to 2 years in federal prison (3 years when a minor is depicted). Platforms must remove flagged content within 48 hours of a victim's notice; the FTC enforces this removal obligation. The compliance deadline for platforms was May 19, 2026.

The FCC ruled in February 2024 (FCC 24-17) that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act (47 U.S.C. 227). AI voice clone calls to cell phones without prior express written consent are illegal under existing TCPA. The FCC issued a $6 million fine (finalized September 2024) against the consultant responsible for the fake-Biden primary robocall.

Federal CSAM law (18 U.S.C. 2256(8)(B), PROTECT Act 2003) covers computer-generated or AI-generated images that are "indistinguishable" from depictions of a real minor in sexually explicit conduct. No actual child needs to be involved; the photorealistic standard controls.

The DEFIANCE Act (S.1837 / H.R.3562, 119th Congress) is a proposed bill, not current law. It would create a federal civil cause of action for sexual deepfake victims with statutory damages of $150,000 per violation ($250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment). The 118th Congress version passed the Senate in 2024 but died in the House. The current version, S.1837, passed the Senate again by unanimous consent on January 13, 2026 and is now pending in the House. Until the House passes it and the President signs it, it is not law. For more background, see our article on the DEFIANCE Act and deepfake porn victims' rights to sue.

The NO FAKES Act (S.1367) is also a proposed bill, not current law. It would add federal voice and likeness protections but has not passed either chamber.

What Victims Can Do

If you are a South Carolina victim of a nonconsensual intimate deepfake, several options exist today.

For criminal enforcement, report to your local law enforcement agency or the South Carolina Law Enforcement Division (SLED). Violations of S.C. Code s. 16-15-332 are criminal offenses; present officers with the URL, screenshots, and any identifying information about the creator. You can also report to the FBI (tips.fbi.gov) for federal TAKE IT DOWN Act violations.

For platform removal, the TAKE IT DOWN Act requires platforms to remove flagged intimate content within 48 hours of victim notice. Submit a report directly to the platform's trust and safety team, citing the federal law. The National Center for Missing and Exploited Children (NCMEC) operates the CyberTipline, which accepts reports of CSAM including AI-generated material.

For civil remedies, consult a South Carolina attorney. H 3058 is primarily a criminal statute; civil damages for NCII deepfakes may depend on common law tort theories (intrusion upon seclusion, intentional infliction of emotional distress, civil conspiracy) until SC courts or the legislature clarify the civil landscape. If Congress passes and the President signs the DEFIANCE bill, it would add a federal civil cause of action.

Penalties at a Glance

Disclaimer: This page provides general legal information about South Carolina and federal deepfake laws, not legal advice. Laws in this area are changing rapidly: South Carolina passed H 3058 in May 2025, and federal legislation such as the TAKE IT DOWN Act took effect the same month. If you need advice about a specific situation, consult a licensed South Carolina attorney.

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