SC becomes final state to criminalize “revenge porn”

COLUMBIA, SC (WOLO) — Commonly known as “revenge porn,” the act of sharing intimate photos or videos of someone without their consent is now a felony offense in South Carolina.

Governor Henry McMaster was joined by fellow lawmakers to sign the “Disclosure of Intimate Images” bill into law, making what’s referred to as “revenge porn” — illegal.

“We’ve seen tragedies occur. We’ve seen these crimes occur. But this particular one in South Carolina was not a crime at the time — but it is now. And that is, if you share an intimate picture, a nude picture of someone without their consent to cause them harm, or not, you just do it, it is a crime in SC. This goes with numerous others and we’re trying to blanket the landscape in this area to protect our people,” says McMaster.

According to the governor, the bill will help “protect the dignity, privacy, and reputations from those who mean to cause them harm.”

Thursday’s signing comes just over a week after the Trump administration implemented the new “Take it Down” Act against revenge porn –also marking SC as the last state in the U.S. to have such a law.

“We are now not the only state that does not have a “revenge porn” statute. We are joining likes with the federal government and the ‘Take it Down” portion. This started three years ago. It had nothing to do with the federal law, there again it all came again from work with the Attorney General’s office in making it happen,” says Rep. Chris Wooten.

“I like our law better because it has stiffer penalties,” says Attorney General Alan Wilson.

Those penalties include a felony offense for individuals who share images with the intent to cause harm –with a first offense maximum fine of $5,000 and up to five years in prison.

“And I think it makes it so much more personal for us here in SC when somebody you call a friend has gone through such a horrible time,” says Lieutenant Governor Pamela Evette, referring to Representative Brandon Guffie, who was also present at Thursday’s signing.

Guffie’s 17-year-old son Gavin died by suicide after becoming the victim of a scammer and sexual extortionist on Instagram.

“We just want to let bad actors know that law enforcement, our solicitors, they are looking for you. If you choose to do bad acts here in SC, you will not get away with it,” says Evette.

Governor McMaster says unlike the U.S. Constitution, SC’s state Constitution guarantees a right to privacy.

“So we have a basis for these kind of laws that can’t be challenged, and that’s good for the people of South Carolina,” says McMaster.

The General Assembly passed the bill unanimously.