CSAM penalties

2025-2026 Bill 723: CSAM penalties - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
S. 723
STATUS INFORMATION
General Bill
Sponsors: Senators Blackmon, Climer, Kennedy, Reichenbach, Rice, Zell, Garrett and Walker
Document Path: SJ-0017MB26.docx
Introduced in the Senate on January 13, 2026
Introduced in the House on February 26, 2026
Last Amended on February 24, 2026

Currently residing in the House Committee on
Judiciary
Summary: CSAM penalties
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 32
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 32
)

2/18/2026

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 8
)

2/24/2026

Senate

Committee Amendment Adopted

2/24/2026

Senate

Amended (
Senate Journal-page 15
)

2/24/2026

Senate

Read second time (
Senate Journal-page 15
)

2/24/2026

Senate

Roll call Ayes-44 Nays-0 (
Senate Journal-page 15
)

2/25/2026

Senate

Read third time and sent to House (
Senate Journal-page 15
)

2/26/2026

House

Introduced and read first time (
House Journal-page 16
)

2/26/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 16
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
12/10/2025-A
02/18/2026
02/24/2026

Indicates Matter
Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

February 24, 2026

S. 723

Introduced by Senators Blackmon, Climer, Kennedy,
Reichenbach, Rice, Zell and Garrett

S. Printed 2/24/26--S.

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
16-15-395
, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR
DEFINED; PRESUMPTIONS; DEFENSES; PENALTIES, SO AS TO INCREASE THE MINIMUM
PENALTY TO FIVE YEARS' IMPRISONMENT; BY AMENDING SECTION
16-15-405
, RELATING TO
SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR DEFINED; PRESUMPTIONS; DEFENSES;
PENALTIES, SO AS TO INCREASE THE MINIMUM PENALTY TO THREE YEARS' IMPRISONMENT;
AND BY AMENDING SECTION
16-15-410
, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION
OF A MINOR DEFINED; PENALTIES; EXCEPTION, SO AS TO ESTABLISH PENALTIES BASED ON
THE NUMBER OF IMAGES POSSESSED, INCLUDING A PENALTY OF UP TO TEN YEARS IF THERE
ARE ONE TO TWENTY-FIVE IMAGES, ONE TO TEN YEARS IF THERE ARE TWENTY-SIX TO TWO
HUNDRED FIFTY IMAGES, AND A PENALTY OF TWO TO TEN YEARS IF THERE ARE MORE THAN
TWO HUNDRED FIFTY IMAGES; AND TO ESTABLISH THAT A PERSON WHO IS REQUIRED TO
REGISTER AS A SEX OFFENDER AND VIOLATES THE PROVISIONS OF THE SECTION, UPON
CONVICTION, MUST SERVE A MINIMUM OF FIVE YEARS.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
16-15-395
of the S.C. Code is amended to read:

S
ection
16-15-395
.
(
A) An individual
commits the offense of first degree sexual exploitation of a minor if, knowing
the character or content of the material or performance, he:

(
1)
uses, employs, induces, coerces, encourages, or facilitates a minor to engage
in or assist others to engage in sexual activity or appear in a state of
sexually explicit nudity when a reasonable person would infer the purpose is
sexual stimulation for a live performance or for the purpose of producing
material that contains a visual representation depicting this activity or a
state of sexually explicit nudity when a reasonable person would infer the
purpose is sexual stimulation;

(
2)
permits a minor under his custody or control to engage in sexual activity or
appear in a state of sexually explicit nudity when a reasonable person would
infer the purpose is sexual stimulation for a live performance or for the
purpose of producing material that contains a visual representation depicting
this activity or a state of sexually explicit nudity when a reasonable person
would infer the purpose is sexual stimulation;

(
3)
transports or finances the transportation of a minor through or across this
State with the intent that the minor engage in sexual activity or appear in a
state of sexually explicit nudity when a reasonable person would infer the
purpose is sexual stimulation for a live performance or for the purpose of
producing material that contains a visual representation depicting this
activity or a state of sexually explicit nudity when a reasonable person would
infer the purpose is sexual stimulation; or

(
4)
records, photographs, films, develops, duplicates, produces, or creates a
digital electronic file for sale or pecuniary gain material that contains a
visual representation depicting a minor or a morphed image of an identifiable
minor engaged in sexual activity or a state of sexually explicit nudity when a
reasonable person would infer the purpose is sexual stimulation.

(
B)
In a prosecution pursuant to this section, the trier of fact may infer that a
participant in a sexual activity or a state of sexually explicit nudity
depicted in material as a minor through its title, text, visual
representations, or otherwise, is a minor.

(
C)
Mistake of age is not a defense to a prosecution pursuant to this section.

(
D)
(
1)
A person who violates the provisions of this section
is guilty of a felony and, upon conviction, must be imprisoned for not less
than
three
five
years
nor more than twenty years. No part of the minimum sentence of imprisonment
may be suspended nor is the individual convicted eligible for parole until he
has served the minimum term of imprisonment. Sentences imposed pursuant to
this section must run consecutively with and commence at the expiration of
another sentence being served by the person sentenced.

(
2) A person who violates the
provisions of this section and has previously been convicted of an offense that
required the person to register as a sex offender in accordance with Section
23-3-430
, upon conviction, must be sentenced for an additional five years.

(
E)
The offense is a misdemeanor to be heard by the family court if the person
charged under the provisions of subsection (A)(4) is a minor and the offense is
the minor's first offense related to a morphed image of an identifiable minor.
The family court may order behavioral health counseling from an appropriate
agency or provider, as a condition of adjudicating a minor.

S
ECTION 2.
S
ection
16-15-405
of the S.C. Code is amended to read:

S
ection
16-15-405
.
(
A) An individual
commits the offense of second degree sexual exploitation of a minor if, knowing
the character or content of the material, he:

(
1)
records, photographs, films, develops, duplicates, produces, or creates digital
electronic file material that contains a visual representation of a minor or a
morphed image of an identifiable minor engaged in sexual activity or appearing
in a state of sexually explicit nudity when a reasonable person would infer the
purpose is sexual stimulation; or

(
2)
distributes, transports, exhibits, receives, sells, purchases, exchanges, or
solicits material that contains a visual representation of a minor or a morphed
image of an identifiable minor engaged in sexual activity or appearing in a
state of sexually explicit nudity when a reasonable person would infer the
purpose is sexual stimulation.

(
B)
In a prosecution pursuant to this section, the trier of fact may infer that a
participant in sexual activity or a state of sexually explicit nudity depicted
in material as a minor through its title, text, visual representations, or
otherwise, is a minor.

(
C)
Mistake of age is not a defense to a prosecution pursuant to this section.

(
D)
(
1)
A person who violates the provisions of this section
is guilty of a felony and, upon conviction, must be imprisoned not less than
two
three
years nor more than
ten years. No part of the minimum sentence may be suspended nor is the
individual convicted eligible for parole until he has served the minimum
sentence.

(
2) A person who violates the
provisions of this section and has previously been convicted of an offense that
required the person to register as a sex offender in accordance with Section
23-3-430
, upon conviction, must be imprisoned for a minimum sentence of five
years.

(
3) For any violation of the
provisions of this section, no part of the minimum sentence may be suspended
nor is the individual convicted eligible for parole until he has served the
minimum sentence.

(
E)
The offense is a misdemeanor to be heard by the family court if the person
charged under the provisions of subsection (A) is a minor and the offense is
the minor's first charge related to a morphed image of an identifiable minor.
The family court may order behavioral health counseling from an appropriate
agency or provider, as a condition of adjudicating a minor.

S
ECTION 3.
S
ection
16-15-410
of the S.C. Code is amended to read:

S
ection
16-15-410
.
(
A) An individual
commits the offense of third degree sexual exploitation of a minor if, knowing
the character or content of the material, he possesses material that contains a
visual representation of a minor or a morphed image of an identifiable minor engaging
in sexual activity or appearing in a state of sexually explicit nudity when a
reasonable person would infer the purpose is sexual stimulation.

(
B)
In a prosecution pursuant to this section, the trier of fact may infer that a
participant in sexual activity or a state of sexually explicit nudity depicted
as a minor through its title, text, visual representation, or otherwise, is a
minor.

(
C)
(
1)
A person who violates the provisions of this section
is guilty of a felony and, upon conviction, must be imprisoned
not more than ten years.
for:

(
a) not more than ten years if the
person possesses one to twenty-five or less images;

(
b) one to ten years if the person
possesses twenty-six images to two hundred fifty images; and

(
c) two to ten years if the person
possesses more than two hundred fifty images.

(
2) A person who violates the
provisions of this section and has previously been convicted of an offense that
required the person to register as a sex offender in accordance with Section
23-3-430
, upon conviction, must be imprisoned for a minimum sentence of five
years.

(
3) For any violation of the
provisions of this section, no part of the minimum sentence may be suspended
nor is the individual convicted eligible for parole until he has served the
minimum sentence.

(
D)
This section does not apply to an employee of a law enforcement agency,
including the State Law Enforcement Division, a prosecuting agency, including
the South Carolina Attorney General's Office, or the South Carolina Department
of Corrections who, while acting within the employee's official capacity in the
course of an investigation or criminal proceeding, is in possession of material
that contains a visual representation of a minor engaging in sexual activity or
appearing in a state of sexually explicit nudity when a reasonable person would
infer the purpose is sexual stimulation. The employee's official capacity in
the course of such investigation or criminal proceeding includes making
material available for inspection to the defendant's counsel in response to
discovery requests.

(
E)
The offense is a misdemeanor to be heard by the family court if the person
charged under the provisions of subsection (A) is a minor and the offense is
the minor's first charge related to a morphed image of an identifiable minor.
The family court may order behavioral health counseling from an appropriate
agency or provider, as a condition of adjudicating a minor.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 24, 2026 at 2:44 PM