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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Ford
Document Path: l:\council\bills\pt\2236sj05.doc
Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Unlawful to use profanity in a public forum, disseminate to a minor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/12/2005 Senate Introduced and read first time SJ-20 1/12/2005 Senate Referred to Committee on Judiciary SJ-20 2/4/2005 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, Lourie
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-367 SO AS TO MAKE IT UNLAWFUL TO COMMUNICATE PROFANITY IN A PUBLIC FORUM OR PLACE OF PUBLIC ACCOMMODATION; BY ADDING SECTION 16-15-427 SO AS TO DEFINE THE FELONY OFFENSE OF DISSEMINATING PROFANITY TO A MINOR AND PROVIDE A PENALTY; TO AMEND SECTION 16-15-305, AS AMENDED, RELATING TO DISSEMINATING OBSCENITY, SO AS TO SPECIFY BOTH ORAL AND WRITTEN PUBLICATION; AND TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MORALITY AND DECENCY OFFENSES AGAINST MINORS, SO AS TO INCLUDE A CROSS REFERENCE TO SECTION 16-15-427 (DISSEMINATING PROFANITY TO A MINOR).
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 16 of the 1976 Code is amended by adding:
"Section 16-15-367. It is unlawful for a person in a public forum or place of public accommodation wilfully and knowingly to publish orally or in writing, exhibit, or otherwise make available material containing words, language, or actions of a profane, vulgar, lewd, lascivious, or indecent nature."
SECTION 2. Chapter 15, Title 16 of the 1976 Code is amended by adding:
"Section 16-15-427. (A) An individual commits the offense of disseminating profanity to a minor if he wilfully and knowingly publishes orally or in writing, exhibits, or otherwise makes available material containing words, language, or actions of profane, vulgar, lewd, lascivious, or indecent nature.
(B) A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
SECTION 3. Section 16-15-305(A)(3) of the 1976 Code, as last amended by Act 81 of 2001, is further amended to read:
"(3) publishes orally or in writing, exhibits, or otherwise makes available anything obscene to any group or individual; or"
SECTION 4. The first undesignated paragraph of Section 16-15-375 of the 1976 Code, as last amended by Act 421 of 1994, is further amended to read:
"The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen years to appear in a state of sexually explicit nudity in a public place; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor;
and Section 16-15-425, participating in prostitution of a minor; and Section 16-15-427, disseminating profanity to a minor."
SECTION 5. This act takes effect upon approval by the Governor.
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