Modern relationships typically involve couples sending intimate messages and even nude photos and videos to one another. However, when the romance ends, it is not uncommon for the jealous or scorn party to send those personal images to loved ones, employers and coworkers, or make them available to the public.
Intentional distribution of private images without the consent of the person who was recorded is commonly known as “revenge porn.” Since 2013, there have been 46 states, Washington D.C., and one territory (Guam), which have enacted specific criminal laws regarding revenge porn.
Yet, South Carolina is one of four states that do not have revenge porn laws. On December 15, 2016, Sen. Darrell Jackson (D-Columbia) introduced a bill that makes revenge porn a misdemeanor offense that carries a maximum jail term of one year and a fine of up to $1,000. Although the bill was introduced in the Senate in February 2019, it has yet to go for a vote.
Even though South Carolina does not have a specific statute regarding revenge porn, the state does recognize “cyberbullying” as a form of bullying that only applies to students. According to the law, bullying means committing any act, gesture, or electronic communication to cause physical or emotional harm to a student, his/her property, or placing him/her in reasonable fear of his/her life or property, as well as demeaning or insulting a student or group of students that causes the disruption of normal school operations.
Furthermore, behaviors associated with revenge porn can be criminal charged as harassment. There are two types of harassment charges: first-degree and second-degree harassment.
Second-degree harassment means engaging in a pattern of intentional, significant, and irrational intrusion into another person’s private life and causes the victim emotional distress. This type of harassment is a misdemeanor that carries a jail term of up to 30 days and a fine of up to several hundred dollars.
On the other hand, first-degree harassment means continuously following someone, making physical contact with them, vandalizing their property, or maintaining surveillance of the person’s home, workplace, or school. This type of harassment is a misdemeanor that carries a jail sentence of one year and a maximum fine of $1,000.
If you have been accused of a sex crime in Lexington, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 for a free initial consultation.