Senate debates bill to criminalize AI-generated explicit material; language on solicitation, registry clarified

Senate Bill 28, a measure to criminalize production, distribution and possession with intent of AI-generated explicit material, drew floor debate Tuesday in the South Carolina Senate and was carried over for further drafting after several amendments were adopted.

Supporters and critics said the bill addresses new risks from artificial intelligence while raising questions about how intent and receipt of illicit images would be judged.

The bill, as described on the floor, would allow investigators to pursue people who knowingly produce or distribute AI-generated explicit images and would create related criminal penalties and registry provisions. Senators adopted two amendments in committee and on the floor that clarified how offender-registry removal and the elements of culpability would be applied.

Senator Adams, speaking for the bill on the floor, said the amendment by Senator Johnson “attempts to clarify that process and to spell it out” for when an offender may be removed from a registry, noting the change merely clarifies the existing bill’s language rather than changing its substance. The Johnson amendment was presented as clarifying who may come off the registry after 15 or 25 years depending on tier designation.

Senator Stubbs offered a second amendment adding the word “solicits” to the prohibited conduct. Stubbs said adding “solicits” narrows criminal exposure to people who intentionally request or create a market for the material, explaining the change would reduce the chance that someone who unintentionally receives illegal material would be treated as a criminal actor. The amendment was accepted on the floor.

Lawmakers pressed on penalties and juvenile scenarios. Senator Lieber and others questioned whether a two‑year sentence specified in the bill would be mandatory, and whether judges should retain broader sentencing discretion for cases involving young people or purely digital images; Senator Adams said he would consider an amendment to address mandatory minimum concerns.

Senators also discussed technical points about how AI systems are trained and the harm from images that depict minors or simulated minors; several members said those who produce or traffic in such material know they are violating the law. At the same time, some senators raised concern about ensnaring innocent recipients or minors who exchange images without solicitation.

After floor amendments and discussion, Senator Adams moved to carry the bill over for further work; the motion to carry over was granted.

Next steps: sponsors said they will refine statutory language on intent, solicitation and sentencing and return the measure for further committee and floor consideration.