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Bill 3861

                    Current Status

Bill Number:                      3861
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010403
Primary Sponsor:                  Taylor
All Sponsors:                     Taylor, Simrill, Coates, Dantzler, 
                                  Hamilton, Klauber, Littlejohn, Loftis, 
                                  Meacham-Richardson, J.M. Neal, Riser, 
                                  D.C. Smith, J.R. Smith and A. Young
Drafted Document Number:          l:\council\bills\skb\18328som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Sexual acts, public indecency; unlawful 
                                  use of public property for, offense of 
                                  provided; Crimes, Sex offenses, Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010403  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 15, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, BY ADDING SECTION 16-15-135 SO AS TO PROVIDE FOR THE OFFENSE OF THE UNLAWFUL USE OF PUBLIC PROPERTY FOR SEXUAL ACTS OR PUBLIC INDECENCY, AND TO PROVIDE PENALTIES AND DEFINITIONS.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 16-15-135.    (A)    It is unlawful for a person to knowingly or intentionally enter or remain on public property for the purpose of:

        (1)    engaging in or attempting to engage in sexual activity or sexual conduct;

        (2)    aiding or abetting in sexual activity or sexual conduct;

        (3)    procuring, soliciting, or attempting to procure or solicit sexual activity or conduct;

        (4)    engaging in or attempting to engage in public indecency;

        (5)    exposing or attempting to expose the genitals, pubic area or female breast for the purpose of procuring, soliciting, or engaging in sexual activity or sexual conduct; or

        (6)    enticing, signaling, or luring a person in an attempt to engage in sexual activity or sexual conduct.

    (B)    It is unlawful for a person to knowingly or intentionally appear or allow another person to appear in a state of nudity on public property for the purpose of engaging in or enticing one to perform a sexual act, or actually performing a sexual act.

    (C)    A person who violates the provisions of subsections (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

    (D)    For purposes of this section:

        (1)    'nudity' means the showing of the male or female genitals, pubic area, or buttocks, with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering, of any part below the top of the nipple;

        (2)    'public indecency' means an act of a person knowingly and intentionally exposing his or her body in a state of nudity on public property; and

        (3)    'sexual acts' or 'sexual conduct' means:

            (a)    vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;

            (b)    masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male genitals in a state of sexual stimulation or arousal or covered male genitals in a discernibly turgid state;

            (c)    an act or condition that depicts actual or simulated bestiality, sado-masocistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

            (d)    an act or condition that depicts actual or simulated touching, caressing or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipples, whether alone or between humans, animals, or humans and animals, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or

            (e)    an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another's anus or vagina, except when done as part of a recognized medical procedure."

SECTION    2.    If a paragraph, provision, or portion of this act is held to be unconstitutional or invalid by court of competent jurisdiction, this holding does not affect the constitutionality or validity of the remaining portion of this act, and for this purpose the General Assembly declares the provisions of this act are severable from each other.

SECTION    3.    This act takes effect July 1, 2001, and applies to all offenses committed on or after that date.

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