New Law to Increase Penalties for Sexual Abuse Material Possession

For those who have ever been sexually abused, a new proposed law in South Carolina will strengthen penalties for offenders. The South Carolina governor has signed a package of bills into law, including legislation that significantly increases penalties for crimes involving child sexual abuse material (CSAM). The new law creates a tiered sentencing system based on the severity of the offense and the amount of material involved, while also establishing mandatory minimum prison sentences for certain convictions.

Under the law, offenses are divided into three degrees. First-degree offenses involve forcing, coercing, encouraging, or transporting a minor to engage in sexual activity for the creation of child pornography. Second-degree offenses include creating, distributing, or soliciting child sexual abuse material. Third-degree offenses involve possession of such material.

One of the most significant changes affects third-degree offenses. Previously, there was no mandatory minimum sentence for possession convictions, meaning some offenders could avoid state prison. The new law requires at least one year in prison for offenders found with 26 to 250 images and at least two years for those possessing more than 250 images. Penalties for first- and second-degree offenses were also increased.

The legislation also addresses emerging technology concerns by criminalizing certain AI-generated or manipulated sexual images involving minors. Lawmakers and prosecutors say the changes are intended to strengthen protections for children, improve accountability for offenders, and reflect the growing role of technology in child exploitation crimes.

Supporters of the measure argued that mandatory minimum sentences provide stronger deterrence and help ensure more consistent punishment for offenders convicted of child exploitation-related crimes. The bill passed the legislature without opposition before being signed into law.

In South Carolina, AI-generated child sexual abuse material is treated as severely as traditional CSAM. State laws treat creating, possessing, distributing, or soliciting such digital and morphed images as felonies.

Producing, distributing, or possessing AI-generated CSAM is a felony. Upon conviction, offenders face up to 10 years in prison. The law eliminates the loophole where prosecutors had to prove the child in the image was real. It specifically targets both “morphed” images (using a real child’s likeness) and completely computer-generated obscene depictions of minors.

AI-generated and computer-created child sexual abuse material presents serious risks to children. Some of the dangers include:

• Offenders can create, alter, or combine images of children into sexually explicit depictions that appear realistic and may be impossible to distinguish from photographs of actual abuse.
• AI tools can use portions of real children’s images to create new composite images that do not clearly identify a specific child, making it difficult for investigators to determine whether real victims were involved.
• Perpetrators may manipulate genuine images of child abuse to make them appear computer-generated, potentially obscuring evidence of actual crimes.

Contact Us Today

If you or a loved one have been a victim of sexual abuse or exploitation, a Columbia sexual abuse and trauma victim lawyer from Simmons Law Firm may be able to assist you. We help sexual abuse victims seek damages and hold their abusers accountable. Schedule a consultation today by filling out the online form or calling (803) 779-4600.

Source:

wrdw.com/2026/05/20/sc-governor-signs-bills-child-sexual-abuse-material-other-issues/