Bill 4759

                    Current Status

Bill Number:                       4759
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960319
Primary Sponsor:                   Easterday
All Sponsors:                      Easterday, Keegan, S. Whipper,
                                   L. Whipper, Mason, Inabinett,
                                   Davenport, Cato, Whatley, Allison,
                                   Walker, Haskins, Govan, Herdklotz,
                                   McMahand, Wilkins, Sharpe, Tripp,
                                   Robinson, Wofford, Meacham, Kelley,
                                   Wells, Vaughn, R. Smith, Byrd,
                                   Trotter, Seithel, Rhoad, Loftis,
                                   Sandifer, Marchbanks, Waldrop, Cain,
                                   Hutson, Stoddard, Rice, Wilder,
                                   J. Young, Kinon, Young-Brickell,
                                   Limehouse, Lloyd, Harrell, T. Brown,
                                   Cotty, Lanford, Harrison, D. Smith,
                                   McKay, Limbaugh, Carnell, Klauber,
                                   Stuart, J. Brown, Cave and Delleney
                                   
Drafted Document Number:           pt\2352sd.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Obscene material through the
                                   mail, provisions

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960319  Introduced, read first time,             25 HJ
                  referred to Committee

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-316 SO AS TO PROVIDE THAT THE WRITTEN CONSENT OF THE RECIPIENT IN THIS STATE IS FIRST REQUIRED BEFORE ANY PERSON THROUGH USE OF THE MAIL OR OTHERWISE MAY SEND TO THAT PERSON ANY MATERIAL WHICH CONTAINS NUDITY, VIOLENCE, SEXUALLY-EXPLICIT CONDUCT, OR VULGAR OR PROFANE LANGUAGE; TO PROVIDE THAT IF THIS CONSENT HAS BEEN OBTAINED, THE ENVELOPE OR PACKAGE CONTAINING THIS MATERIAL MUST HAVE CERTAIN LEGIBLE DISCLOSURES THEREON; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-15-316. (A) The written consent of the recipient in this State is first required before any person through the use of the United States Postal Service or private delivery carrier may send to that individual any film, photograph, videotape, negative, slide, book, magazine, publication, tape, or computer tape or disc including a compact disc-read only memory (CD-ROM) which contains nudity, violence, sexually-explicit conduct, or vulgar or profane language. If this consent has been obtained, a legible disclosure on the outside of the envelope, box, or package containing this material is also required disclosing that the material therein contains nudity, violence, sexually-explicit conduct, or vulgar or profane language.

(B) Any motion picture or other material having a rating as part of an industry-recognized rating system is exempt from the provisions of subsection (A).

(C) It is not a prerequisite under this section for the material to be found obscene under Section 16-15-305 but any such material found to be obscene also constitutes a per se violation of this section.

(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both. Each violation constitutes a separate offense."

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