South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 683

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      683
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990401
Primary Sponsor:                  Russell
All Sponsors:                     Russell and Thomas
Drafted Document Number:          l:\council\bills\ggs\22254cm99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Sexual assault of inmate by employee of 
                                  detention facility, felony; Prisons and 
                                  Prisoners, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990401  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-735 SO AS TO PROVIDE THAT AN EMPLOYEE OF A DETENTION FACILITY WHO SEXUALLY ASSAULTS AN INMATE WHILE IN CUSTODY IS GUILTY OF A FELONY, AND TO PROVIDE A PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-735. (A) As used in this section:

(1) 'Actor' means a person accused of sexual assault;

(2) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order;

(3) 'Inmate' means a person who is detained in a detention facility on a charge or a conviction of a felony, misdemeanor, municipal offense, or violation of a court order;

(4) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person; and

(5) 'Sexual contact' means any contact for the purpose of sexual gratification of the actor with intimate parts of a person not married to the actor.

(B) A person employed by a detention facility is guilty of the felony, sexual assault upon an inmate, when the person engages in sexual contact with an inmate while the inmate is in the custody of a detention facility and, upon conviction, must be imprisoned not more than five years.

(C) Consent of the inmate is not a defense to a prosecution pursuant to this section."

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

----XX----


This web page was last updated on Wednesday, December 9, 2009 at 9:07 A.M.