South Carolina Sexting Laws (2026 Guide)


South Carolina does not have a specific “teen sexting” statute that separates minor-to-minor sexting from serious felony offenses. Instead, teenagers who share explicit images are typically prosecuted under the state’s severe “Sexual Exploitation of a Minor” laws. However, significant updates in 2025 created a “safety valve” for first-time minor offenders, allowing certain cases to be handled as misdemeanors in family court rather than as adult felonies. The state also enacted a comprehensive “revenge porn” law in 2025 to address non-consensual image sharing and AI-generated deepfakes.

Key Points

  • Specific Teen Sexting Law: No (Prosecuted as Sexual Exploitation)
  • First Offense “Safety Valve”: Yes (Family Court Misdemeanor under 2025 updates)
  • Age of Majority: 18 for most crimes (but serious felonies at 17)
  • Revenge Porn Law: Yes (§ 16-15-332, enacted 2025)
  • AI/Deepfakes: Explicitly covered (§ 16-15-330)
  • Sex Offender Registration: Generally required for exploitation convictions

Penalties at a Glance

  • Possession (Adult): Up to 10 years prison (Felony)
  • Distribution (Adult): 2-10 years prison (Felony)
  • First Offense (Minor): Family Court Misdemeanor (Counseling/Probation)
  • Revenge Porn: Up to 5 years prison (Felony if intent to harm)

Table of Contents

The “Missing” Teen Sexting Law

Unlike many other states, South Carolina has never passed a standalone “teen sexting” misdemeanor statute to decriminalize consensual image sharing between minors. This means that legally, a 16-year-old sending a nude photo to their 16-year-old partner is committing the same statutory offense as an adult producing child pornography.

Prosecutors charge these acts under Sexual Exploitation of a Minor statutes. Before 2025, this often resulted in felony charges for teenagers. New amendments now provide a specific pathway for minors to be heard in family court for a first offense, but the underlying charge remains a serious sexual exploitation offense.

Sexual Exploitation of a Minor Laws

South Carolina divides sexual exploitation offenses into three degrees, all of which are felonies for adults. These statutes cover the production, distribution, and possession of explicit material depicting a minor.

Third Degree: Possession (§ 16-15-410)

Under S.C. Code § 16-15-410, it is a felony to knowingly possess material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity. This applies to receiving a sext and keeping it on a phone.

Second Degree: Distribution (§ 16-15-405)

Under S.C. Code § 16-15-405, it is a felony to distribute, transport, exhibit, sell, or exchange such material. Sending a sext—even to the person who requested it—falls under this statute.

First Degree: Production/Coercion (§ 16-15-395)

Under S.C. Code § 16-15-395, it is a felony to employ, induce, coerce, or facilitate a minor to engage in sexual activity for the purpose of producing visual material. Taking a photo of oneself (if a minor) or asking a partner to take one can legally fall under this definition.

The 2025 Family Court “Safety Valve”

Recognizing the harshness of applying felony statutes to teenagers, the South Carolina Legislature amended the exploitation laws in 2025 (Act No. 58) to add a specific provision for minors.

The “Safety Valve” Provision:
Subsection (E) was added to Sections 16-15-395, 16-15-405, and 16-15-410. It states:

“The offense is a misdemeanor to be heard by the family court if the person charged… is a minor and the offense is the minor’s first charge related to a morphed image of an identifiable minor [or sexual exploitation]. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.”

What This Means for Teens:

  • Jurisdiction: First-time offenses generally stay in Family Court rather than moving to General Sessions (adult court).
  • Classification: The charge is treated as a misdemeanor for the purpose of the family court hearing.
  • Outcome: Judges have discretion to order counseling and rehabilitation rather than incarceration.

Important Warning: This provision applies to the first offense. Subsequent offenses can still be prosecuted as felonies, and prosecutors retain discretion in how they charge serious cases involving coercion or wide distribution.

Revenge Porn & Non-Consensual Sharing (§ 16-15-332)

Effective May 2025, South Carolina enacted S.C. Code § 16-15-332, titled “Disseminating intimate images without consent.” This law targets “revenge porn” and applies to images of both adults and minors.

The Offense:
It is unlawful to intentionally disseminate an intimate image (or a digitally forged one) of another person without their “effective consent” if the offender knows the image was obtained under circumstances creating a reasonable expectation of privacy.

Penalties:

  • With Intent to Harm or Profit: Felony. Up to 5 years prison and/or $5,000 fine (1st offense).
  • Without Intent to Harm/Profit: Misdemeanor. Up to 1 year prison and/or $5,000 fine (1st offense).
  • Second Offense: Penalties increase significantly (up to 10 years for intent to harm).

AI-Generated Images & Deepfakes

South Carolina is at the forefront of regulating AI in sexting crimes. The 2025 updates explicitly included “digitally forged intimate images” and “morphed images of an identifiable minor” in the criminal statutes.

  • Deepfakes are “Child Pornography”: Under § 16-15-390 and § 16-15-330, an image created or modified by AI to look like a specific minor is treated legally the same as an actual photo of that minor.
  • No “Real” Victim Required: The law states that for certain offenses, it is not a required element that the minor depicted actually exists, provided the image appears to be a minor.
  • Revenge Porn Application: Sharing a deepfake nude of a classmate is prosecuted under the same Revenge Porn statute (§ 16-15-332) as sharing a real photo.

Adults Sexting with Minors

For adults (18+), sexting with a minor is a severe felony with no “safety valve.” Charges typically include:

  • Sexual Exploitation (2nd Degree): Distributing or receiving images. 2-10 years mandatory prison range.
  • Criminal Solicitation of a Minor (§ 16-15-342): Contacting a minor to persuade them to engage in sexual activity or explicit conduct. Felony punishable by up to 10 years in prison.
  • Disseminating Harmful Material (§ 16-15-385): Sending explicit (even if legal for adults) content to a minor. Felony, up to 10 years.

Mistake of Age: South Carolina law explicitly states in § 16-15-395(C) and § 16-15-405(C) that “Mistake of age is not a defense” to prosecution for sexual exploitation. Believing a minor was 18 is not a valid legal excuse.

Penalties Breakdown

Offense Statute Classification Penalty (Max)
Sexual Exploitation 1st Degree
(Production/Coercion)		 § 16-15-395 Felony 3-20 years (Min 3y mandatory)
Sexual Exploitation 2nd Degree
(Distribution/Sending)		 § 16-15-405 Felony 2-10 years (Min 2y mandatory)
Sexual Exploitation 3rd Degree
(Possession)		 § 16-15-410 Felony Up to 10 years
Revenge Porn (Intent to Harm) § 16-15-332 Felony Up to 5 years / $5,000
Revenge Porn (No Intent to Harm) § 16-15-332 Misdemeanor Up to 1 year / $5,000
Teen Sexting (1st Offense) § 16-15-390(D) Misdemeanor* Family Court Discretion (Counseling/Probation)

*Treated as a misdemeanor for Family Court adjudication purposes only.

Defenses and Limitations

The “Romeo and Juliet” Gap

Unlike Texas or Florida, South Carolina does not have a specific “Romeo and Juliet” defense written into its sexual exploitation statutes that automatically exempts close-in-age peers. While the Family Court “safety valve” mitigates punishment, the conduct is still technically illegal.

Law Enforcement Exception

The statutes contain standard exceptions for law enforcement and prosecutors acting in their official capacity (e.g., seizing evidence). Parents who confiscate a child’s phone and find images should immediately consult an attorney or turn the device over to police to avoid technically violating possession laws, though prosecution of parents in this context is rare.

Sex Offender Registration

South Carolina has one of the strictest sex offender registration systems in the country.

  • General Rule: Convictions for Sexual Exploitation of a Minor (1st, 2nd, or 3rd degree) generally require registration on the South Carolina Sex Offender Registry.
  • Juvenile Adjudications: Juveniles adjudicated delinquent for these offenses can be required to register. However, family court judges have discretion. The 2025 “safety valve” provision (§ 16-15-390(D)) implies a goal to avoid registration for first-time minor offenders by handling it as a misdemeanor, but this is not guaranteed.
  • Risk: A teenager adjudicated for a sex offense could face years of registration, restricting where they can live, work, and go to school.

Frequently Asked Questions

Is sexting a felony in South Carolina?

Yes, technically. The statutes governing sexting (Sexual Exploitation of a Minor) are felonies. However, for a minor’s first offense, the law allows the case to be heard as a misdemeanor in Family Court, potentially avoiding a felony conviction on their record.

Can I be charged if I didn’t send the photo to anyone?

Yes. Simply possessing an explicit image of a minor on your phone (Sexual Exploitation 3rd Degree) is a felony offense, even if you never distributed it. This applies to saving a photo someone sent you.

What if the minor consented to the photo?

Consent is not a defense. A minor cannot legally consent to the creation, possession, or distribution of child pornography. The law views the minor as the victim of the crime, even if they willingly took or sent the photo.

Does the new revenge porn law apply to screenshots?

Yes. The law prohibits “disseminating” intimate images. Taking a screenshot of a private photo sent on Snapchat or Instagram and sharing it with others without consent violates § 16-15-332.

Can parents be charged?

Parents are generally not liable for their child’s criminal acts. However, a parent who knowingly allows their child to engage in prostitution or exploitation, or who possesses the images themselves (outside of a disciplinary/confiscation context), could face charges.

What constitutes “sexual conduct” in a photo?

The law defines it broadly to include sexual intercourse, masturbation, and “sexually explicit nudity,” which includes uncovered genitals, pubic areas, buttocks, or female nipples/areolas. A photo does not need to show a sexual act to be illegal; nudity is sufficient.

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This article provides general legal information about South Carolina sexting laws as of February 2026. Statutes are subject to change. This information is not legal advice. If you are facing charges, contact a qualified South Carolina criminal defense attorney immediately.

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