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Senate amends AI-related child imagery bills, removes 'receives' from criminal list
Summary
Lawmakers voted to strip the word "receives" from listed criminal conduct in two bills addressing AI-generated sexual images of minors, to avoid criminalizing people who unintentionally get such images; one bill moved forward on second reading 40-0 while the other remained contested.
The South Carolina Senate on Feb. 12 adopted an amendment striking the word "receives" from the list of criminal conduct in bills addressing AI-generated sexual images involving minors, while keeping criminal penalties for producing, distributing, soliciting or possessing with intent to distribute such depictions.
Lawmakers said the change was intended to avoid charging people — including minors — who unintentionally receive an illicit image in a group text or similar setting. "So all my amendment is doing, mister president, is to strike receives, as 1 of the criminal provisions," Senator Massey said while explaining the change.
The amendment was offered during debate on S.28 and mirror language was applied to S.29. Senator Johnson (Senator from York) told colleagues that S.29 carried "the exact same amendment we adopted yesterday," pointing to the legislature's effort to align the two bills.
Why it matters: Sponsors and some senators said the bills are intended to give law enforcement and prosecutors tools to address a new method of creating exploitative images using artificial intelligence. Lawmakers also expressed concern that a stand-alone receiving offense could sweep in unintended targets, such as high-school students who get images they did not solicit.
What the amendment does: With "receives" removed, the bills keep the following conduct subject to felony penalties: knowingly producing, distributing, soliciting, or possessing with intent to distribute AI-generated sexual depictions of minors. During debate, senators said the statute would allow for penalties of up to 10 years and stated there are provisions under which a minor could face misdemeanor treatment depending on circumstances.
Votes and status: The amendment offered to S.28 was adopted by voice vote. S.29 — which received a companion amendment from Senator Johnson to match S.28 — received a recorded second-reading vote of 40 to 0 and advanced on the calendar. S.28 was reported as "contested" later in the session and had additional procedural steps to complete before final passage.
Discussion highlights and concerns: Senators said they support criminal tools for intentional actors who create or solicit exploitative images, while wanting to avoid criminalizing inadvertent recipients. During floor remarks, senators referenced high-school peer contexts and the risk that a plain receiving provision could criminalize students who neither solicited nor redistributed content.
Next steps: S.29 has advanced after its second reading. S.28 remained contested at the end of the recorded proceedings and will return to the calendar for further action or additional amendments.
