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A BILL TO AMEND SECTION 16-3-655(A)(2) OF THE 1976 CODE, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE OCCURS WHEN COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AND THE ACTOR HAS BEEN CONVICTED OF, PLEAD NOLO CONTENDERE TO, OR ADJUDICATED DELINQUENT FOR CERTAIN SPECIFIED OFFENSES; TO AMEND SECTION 16-3-655(B)(2), TO INCREASE THE AGE OF A VICTIM FROM LESS THAN SIXTEEN YEARS OF AGE TO LESS THAN SEVENTEEN YEARS OF AGE WHEN THE ACTOR IS IN A POSITION OF FAMILIAL, CUSTODIAL OR OFFICIAL AUTHORITY TO COERCE THE VICTIM OR IS OLDER THAN THE VICTIM, TO PROVIDE THAT CERTAIN PERSONS MAY NOT BE CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE BASED ON THE RELATIVE AGE OF THE PARTIES AND THE NATURE OF THE SEXUAL CONDUCT BETWEEN THE PARTIES, AND TO REMOVE MISTAKE OF AGE AS A DEFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-655(A)(2) of the 1976 Code, as last amended by Act 346 of 2006, is amended to read:
"(2) the actor engages in sexual battery with a victim who is less than sixteen seventeen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D)."
SECTION 2. Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is amended to read:
"(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen seventeen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person the actor may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is less than seventeen years of age but who is a least fourteen years of age, the actor is no more than two years older than the other person, and the sole basis for charges being filed against the actor under this item was that the actor was older than the person with whom he engaged in sexual conduct. at least fourteen years of age. In addition, mistake of age may be used as a defense."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:27 P.M.