Most people think sexting is a private thing. Just two people, a phone, and a text. No big deal, right? Wrong. In South Carolina, the laws around sexting can land you in serious legal trouble — even if you didn’t mean any harm.
This guide breaks down everything you need to know. We’ll cover what’s legal, what’s not, and what happens if you cross the line.
What Is Sexting?
Sexting means sharing nude, partially nude, or sexually explicit photos or videos through text messages or apps. It’s incredibly common today. Many couples do it without a second thought.
But here’s the thing — “common” doesn’t mean “legal.” South Carolina has several laws that can apply to sexting. And some of them carry serious prison time.
Does South Carolina Have a Specific Sexting Law?
Okay, this is where it gets interesting. South Carolina does not have one single law called a “sexting law.” Instead, prosecutors use a collection of older laws to charge people.
South Carolina’s rules on this stuff come from Title 16, Chapter 15 of the state code. It’s officially called “Offenses Against Morality and Decency.” Some of these laws are very old. Some haven’t been updated in decades.
Stay with me here. Even though these laws are old, they’re still on the books. And they can still be used against you.
Sexting Between Adults
Here’s some relief. In South Carolina, sexting between two consenting adults is generally not prosecuted. If you’re both 18 or older and you both agree, the risk of criminal charges is low.
That said, the law technically says otherwise. There are three statutes that could apply to adult sexting.
Sending Without Consent
South Carolina Code Section 16-15-250 makes it a misdemeanor to send an obscene or sexually explicit message to someone without their consent. You could face up to three years in prison for this.
Think about that for a second. Sending an unsolicited explicit photo — one the other person didn’t ask for — is a crime. Pretty straightforward.
Dissemination of Obscene Material
Section 16-15-305 is a felony. It covers “disseminating obscenity,” which could include sending explicit photos by text. The penalty is up to five years in prison.
This law is rarely used against adults who sext consensually. But it exists. And in the wrong situation, it could be applied.
Preparing Obscene Material
Section 16-15-325 makes it a misdemeanor to photograph yourself or someone else for the purpose of sharing explicit digital files. This one carries up to one year in prison.
Honestly, most adults who sext privately never face charges under any of these laws. The real danger starts when a minor is involved.
Sexting and Minors: This Is Serious
Hold on, this part is important. When anyone under 18 is part of a sexting situation, the legal consequences become much more severe. We’re talking felonies. We’re talking prison time. We’re talking sex offender registration.
You’re not alone if this surprises you. Most people don’t realize how strict these laws are.
Two Teens Sexting Each Other
Many people assume that two teenagers sending photos to each other is harmless. They find out the hard way that it’s not. Don’t be one of them.
Even consensual sexting between two high school students can lead to felony charges in South Carolina. Both teens could face charges under sexual exploitation of a minor laws.
Adults Texting Minors
This one is clear. If you are 18 or older and you send or request explicit content involving someone under 18, you are committing a serious crime.
South Carolina Code Section 16-15-342 makes it a felony to contact a minor for the purpose of getting them to engage in sexual activity. This includes asking for explicit photos. The penalty is up to 10 years in prison.
Not sure what counts as a violation? Basically, any sexual communication directed at a minor by an adult can qualify.
Sending Explicit Content to a Minor
Section 16-15-345 makes it a felony to send obscene or sexually explicit material to anyone under 18. The base penalty is up to 10 years in prison. If the minor is 12 or younger, the penalty jumps to up to 15 years.
This applies even if the minor asked for the content. Age does not equal consent here.
Permitting a Minor to Create Explicit Content
Section 16-15-335 targets adults who allow minors to participate in creating obscene material. If you’re 18 or older and you let a minor take or share explicit photos in your presence, you could face up to 10 years in prison.
Child Pornography Charges
This is the most serious category. If a minor appears in explicit images or videos, it can be treated as child pornography under South Carolina law. The state calls these charges “sexual exploitation of a minor.”
There are three levels. First degree carries 3 to 20 years in prison. Second degree carries 2 to 10 years. Third degree covers possession and can also result in prison time.
All three are felonies. All three can result in lifetime registration as a sex offender.
South Carolina’s New Revenge Porn Law (2025)
This is big news. In May 2025, Governor Henry McMaster signed a new law that finally criminalizes revenge porn in South Carolina. Before this, South Carolina was literally the last state in the country without one.
The new law is found at South Carolina Code Section 16-15-332. It went into effect in 2025.
What Does the Law Cover?
The law makes it illegal to share intimate or sexually explicit images of someone without their consent. This applies even if the person originally shared those images willingly with you.
It also covers AI-generated or digitally altered images. So-called “deepfakes” — fake explicit images of real people — are now illegal under this law.
“Effective consent” under the law means clear, voluntary, and informed permission. If someone sent you a photo privately, that does not give you permission to share it with anyone else.
What Are the Penalties?
The penalties depend on the intent behind the sharing.
If prosecutors show you shared the image with the intent to cause harm — physical, mental, emotional, financial, or reputational — the penalties are severe. A first offense is a misdemeanor with up to 5 years in prison and a $5,000 fine.
If you share an intimate image without harmful intent, the penalties are lighter. A first offense is a misdemeanor with a maximum fine of $5,000 and up to one year in prison. A second offense becomes a felony with up to five years in prison.
Pretty much any way you slice it, sharing someone’s private images without permission is now a crime in South Carolina.
Gavin’s Law: Sextortion Is Also a Crime
In 2023, South Carolina passed Gavin’s Law. This law targets sextortion — when someone uses explicit photos or videos to blackmail another person.
Sextortion means threatening to share someone’s explicit images unless they pay money, send more photos, or do something else the person demands. This is different from revenge porn. Sextortion is about blackmail. Revenge porn is about non-consensual sharing.
A friend asked me about this distinction last week. Turns out, most people get the two confused. They’re related, but legally they’re different crimes.
Under Gavin’s Law, basic sextortion is a felony with up to 10 years in prison. Aggravated sextortion — involving threats of violence or targeting a minor — can bring up to 20 years. If the person convicted is a minor, the case goes to family court.
Penalties at a Glance
Let’s put this all together simply. Here’s what you could be looking at depending on the situation.
Sending an unsolicited explicit message to an adult is a misdemeanor with up to 3 years in prison. Sending explicit content to a minor is a felony with up to 10 or 15 years. Sharing someone’s intimate images without consent carries a fine of up to $5,000 and prison time. Child pornography charges are felonies with mandatory minimums and possible lifetime sex offender registration.
Think of the minor-related charges like a serious traffic offense compared to a felony — except these are already at the felony level. No minor-related offense is something you can shake off easily.
What About AI-Generated Images?
Yep, this applies to you too. South Carolina’s new law specifically covers digitally altered or AI-generated intimate images. Creating a fake explicit image of a real person and sharing it is now illegal.
This part of the law is relatively new and worth paying close attention to as technology keeps evolving.
How to Protect Yourself
Wondering what you should do to stay on the right side of the law? Here are the basics.
Only share explicit content with other adults who clearly consent. Never send explicit images to someone who hasn’t asked for them. Never share anyone else’s intimate photos or videos without their clear permission. Never request, share, or store explicit images of anyone under 18 — ever.
If you receive explicit images of a minor unexpectedly, do not forward them. Report them to the National Center for Missing and Exploited Children at CyberTipline.org or call the Cyber Tipline at 1-800-843-5678.
Special Circumstances
One thing worth knowing: the mistake-of-age defense doesn’t work in South Carolina for minor-related charges. If you send explicit content to someone who turns out to be under 18, you can still be charged — even if you didn’t know their age.
This is especially important if you’re meeting people online. You cannot always verify someone’s age. The law does not give you a pass for guessing wrong.
Also, the revenge porn law only applies when both people are adults. If the victim or the accused is under 18, other laws — like sexual exploitation of a minor — kick in instead.
Frequently Asked Questions
Is sexting legal in South Carolina between two adults?
Generally yes, if both people are 18 or older and both consent. However, older laws technically could apply, though they’re rarely used against consenting adults.
Can a teenager be charged for sexting another teenager?
Yes. Even consensual sexting between minors can lead to felony charges under South Carolina’s sexual exploitation laws. Both teens involved could face serious consequences.
What is the new revenge porn law in South Carolina?
South Carolina passed a new law in 2025 under S.C. Code Section 16-15-332. It makes it illegal to share someone’s intimate images without their consent. AI-generated deepfakes are also covered.
What is sextortion and is it illegal in SC?
Sextortion is when someone uses explicit photos to blackmail another person. South Carolina’s Gavin’s Law, passed in 2023, makes this a felony with up to 10 or 20 years in prison.
What happens if I accidentally receive an explicit image of a minor?
Do not forward it. Report it immediately to the National Center for Missing and Exploited Children’s CyberTipline at CyberTipline.org or call 1-800-843-5678.
Can I go to jail for sending a nude photo to my partner?
If your partner is an adult who consents, prosecution is unlikely. But technically, older South Carolina laws could apply. The biggest risk comes if the image is later shared without your consent or if one person is under 18.
Does the revenge porn law cover AI-generated images?
Yes. South Carolina’s 2025 law specifically includes digitally altered and AI-generated images that falsely depict someone in a sexual situation.
Final Thoughts
South Carolina’s sexting laws are complicated. Some are old. Some are new. Some are rarely enforced. Others carry life-changing consequences.
Here’s the bottom line. Keep explicit content between consenting adults. Never involve minors. Never share someone else’s private images without permission. And if you’re ever in legal trouble related to any of this, talk to a criminal defense attorney right away.
Now you know the basics. Stay informed, make smart choices, and when in doubt, ask a lawyer.
References
- South Carolina Code Title 16, Chapter 15 — Offenses Against Morality and Decency: https://www.scstatehouse.gov/code/t16c015.php
- SC Governor’s Office — McMaster Signs Intimate Images Bill Into Law (May 2025): https://governor.sc.gov/news/2025-05/gov-henry-mcmaster-signs-unauthorized-disclosure-intimate-images-bill-law
- SC Daily Gazette — South Carolina Was the Last State to Ban Revenge Porn (May 2025): https://scdailygazette.com/2025/05/29/officials-praise-new-law-criminalizing-revenge-porn-sc-was-the-last-state-to-ban-it/
- Seaton & Duncan Law Firm — Sexting Laws in South Carolina: https://seatonduncan.com/sexting-laws-south-carolina/
- National Center for Missing and Exploited Children — CyberTipline: https://www.cybertipline.org
