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After years of inaction, South Carolina appears poised to finally join the rest of the nation in criminalizing the dissemination of intimate images and nonfatal strangulation — two forms of abuse with deep roots in cycles of domestic violence, coercive control and sexual exploitation.
This week, two pieces of legislation — H. 3058 and S. 455 — were both reported favorably out of the S.C. judiciary committee, putting them on a path to final passage before the session ends later this week.
The road to this point has been slow, however – and the consequences of delay have been devastating.
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FAILURE TO CRIMINALIZE STRANGULATION NEARS A TURNING POINT
Last fall, FITSNews published ‘Strangled Voices‘ — an in-depth look at how South Carolina’s failure to pass a felony strangulation law placed it dead last among all 50 states. At the time, we noted how this legal gap allowed violent abusers to avoid serious charges even when they attempted to cut off a victim’s air supply — a known red flag for future homicide.
“Due to the severity of this type of assault, 49 state have chosen to qualify strangulation assaults as a felony-level offense due to the great bodily injury or death that can occur when someone is strangled,” we noted at the time.
While the Palmetto State’s domestic violence statutes elevate potential punishments when “the offense is committed by impeding the victim’s breathing or air flow,” strangulation is not explicitly referenced – nor is it assigned more weight than any number of aggravating factors which do (or too often, do not) result in stiffer charges and penalties.”
That may change soon, however.
After hearing testimony from experts last week, senators advanced S. 455 — a bill that would make strangulation a standalone felony with enhanced penalties for aggravated cases. The legislation defines strangulation as “intentionally impeding normal breathing or circulation of blood by applying pressure to the throat or neck.” Depending on the severity, violators could be imprisoned for up to fifteen years.
Lawmakers and experts agreed: This bill fills a critical hole.
The Palmetto State’s current legal framework often fails to capture the severity of this type of violence. As noted our report, a victim who is strangled by a partner is 750 percent more likely to be murdered by that partner.
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RELATED | STRANGLED VOICES
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INCHING TOWARDS OUTLAWING ‘REVENGE PORN’
Another bill – H. 3058 – addresses another glaring omission in South Carolina law: the absence of a statute banning the nonconsensual distribution of intimate images, often referred to as “revenge porn.”
South Carolina is the last state in the nation without such a law.
At the same April 29 meeting, senators heard emotional testimony from legal experts and advocates – including an out-of-state survivor – who told the committee:
“Fifty-nine percent of the time, these images are posted online with identifying information to encourage harassment or further abuse. Fifty percent of victims contemplate suicide. Ninety percent suffer PTSD.”
Representative Chris Wooten, who helped lead the bill’s effort in the House, emphasized the carefully drawn distinctions between malicious and careless behavior. He pointed to national data showing a 440% spike in cases since 2023, and rising dangers fueled by AI-generated content.
“We cleaned it up a good bit over the last couple years just to make sure that it touched on all the concerns that we knew of,” Wooten said. “The strict language for intent to cause harm or profit, ensuring that serious violations are treated appropriately, while not over-penalizing the less serious conduct, because, as we know, people make mistakes. However, it can’t be these mistakes cannot be used at the expense of others that are not and to cause them harm.”
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WHAT’S NEXT…
Both bills were reported favorably out of committee — a major step forward. But final passage remains up in the air as lawmakers scramble to move bills ahead of 5:00 p.m. EDT this Thursday (May 8, 2025), which is when the 2025 legislation session adjourns.
For victim advocates, the overdue progress on both bills is welcome — but bittersweet. As many of them have shared with FITSNews, South Carolina’s decades-long failure to adopt these laws has left survivors exposed, cases dismissed and abusers emboldened.
If passed, H. 3058 and S. 455 would represent historic turning points in South Carolina’s legal response to intimate partner violence and sexual exploitation. Until they’re signed into law, though, advocate warn the Palmetto State remains a place where abusers can exploit loopholes and survivors are told to continue waiting.
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ABOUT THE AUTHOR …
Jenn Wood is FITSNews’ incomparable research director. She’s also the producer of the FITSFiles and Cheer Incorporated podcasts and leading expert on all things Murdaugh/ South Carolina justice. A former private investigator with a criminal justice degree, evildoers beware, Jenn Wood is far from your average journalist! A deep dive researcher with a passion for truth and a heart for victims, this mom of two is pretty much a superhero in FITSNews country. Did we mention she’s married to a rocket scientist? (Lucky guy!) Got a story idea or a tip for Jenn? Email her at jenn@fitsnews.com.
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1 comment
More laws, less justice.