Distributing intimate images without consent isn’t just a crime, it’s a threat to democracy

For the last year, South Carolina has stood alone as the only state without laws protecting victims of nonconsensual distribution of intimate images, or NDII. That’s finally changing.

HB3058 unanimously passed the state Legislature and became law Monday with Gov. Henry McMaster’s signature, marking a crucial step forward in protecting South Carolinians from image-based sexual abuse and aligning our laws with the rest of the country.

This legislation has been years in the making. Previous bills failed to gain traction. But now, we have a law that not only protects survivors, but it also defends our democracy by addressing a new barrier to public participation: the fear of digital exposure.

Distributing intimate images without consent, sometimes called “revenge porn,” is a growing form of digital-age sexual violence.

Today, millions of people store private moments on phones or in the cloud.

In 2000, just 2.7% of adults reported sending sexually explicit images. By 2023, that number had soared to nearly 77%. This shift reflects the reality of modern relationships — but it also reveals how vulnerable we’ve become in a world where your digital history can be weaponized.

For those seeking to serve their communities — especially young people and women — this vulnerability carries a heavy cost.

In an age where sharing intimate images is common, the fear that a private moment from the past could resurface can be enough to deter someone from running for office or stepping into public life.

And it’s not just fear — it’s a rational calculation. Women, in particular, face harsher scrutiny and stigma when private images are leaked or misused.

This isn’t just about individual harm. It’s about who gets to participate in democracy.

If personal privacy can be used to shame people out of the public arena, we risk creating a political culture that only welcomes those with the least to lose. That often means excluding young people, women, people of color, and anyone whose digital history doesn’t fit a narrow standard of respectability.

That’s not democracy. That’s silence.

We’ve seen this before in different forms: gatekeeping disguised as moral judgment.

From criticizing women’s clothing to shaming single mothers or discrediting candidates based on their identities, the underlying message has often been that only certain people are deemed worthy of leadership.

The distribution of intimate images is a modern extension of that same exclusion, now supercharged by technology.

The consequences are especially dire for young leaders. Digital life begins early now. Teens and college students grow up with smartphones and social media. Decisions made in adolescence can follow them forever.

When these decisions are turned into ammunition for harassment, it sends the message that leadership is only for the flawless. That excludes most of us.

This new law helps turn the tide. It establishes penalties based on the harm caused. When intimate images are shared with intent to cause emotional, reputational, or financial harm — or for financial gain — the act is a felony. When there’s no intent to harm, it’s classified as a misdemeanor.

This ensures the punishment fits the offense while sending a clear message: image-based abuse is a serious crime.

More importantly, this bill affirms that no one should be disqualified from public life because of their digital life or a violation of privacy. We must build a society where people are safe not just from violence, but from being silenced or shamed into invisibility.

Protecting privacy is essential to protecting participation.

By passing this bill, South Carolina is standing up for survivors — and for a future where every person can engage in public life without fear.

But the work doesn’t end here. We must ensure the law is implemented effectively, educate the public about it, and continue advocating for policies that reflect the realities of the digital age.

HB3058 is more than a legal win. It’s a democratic one.

South Carolina is saying that dignity, privacy, and the right to serve belong to everyone — not just those whose pasts remain unseen.