H 3159 General Bill, By Inabinett, Jennings, Lloyd, Meacham and L.S. Whipper
 A Bill to amend Section 16-3-654, Code of Laws of South Carolina, 1976,
 relating to criminal sexual conduct in the third degree, so as to provide a
 person is guilty of this offense if he is a public primary or secondary school
 employee who commits sexual battery with a student on school property or
 during school-related activities, and to provide penalties.

   12/21/94  House  Prefiled
   12/21/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-56
   01/10/95  House  Referred to Committee on Judiciary HJ-56

A BILL

TO AMEND SECTION 16-3-654, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE A PERSON IS GUILTY OF THIS OFFENSE IF HE IS A PUBLIC PRIMARY OR SECONDARY SCHOOL EMPLOYEE WHO COMMITS SEXUAL BATTERY WITH A STUDENT ON SCHOOL PROPERTY OR DURING SCHOOL-RELATED ACTIVITIES, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-3-654 of the 1976 Code is amended to read:

"Section 16-3-654. (1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are is proven:

(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.

(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.

(c) The actor is an employee of a public primary or secondary school who engages in sexual battery with a student in grades K through twelve on school property or during a school-related activity on nonschool property.

(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.

(3) In addition to the penalty contained in subsection 2 of this provision, a person found guilty of the crime contained in subsection (1)(c) of this provision must be suspended from his employment, and, if applicable, lose his teaching certification."

SECTION 2. This act takes effect upon approval by the Governor.