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H*3071

Session 109 (1991-1992)

H*3071(Rat #0209, Act #0139 of 1991)  General Bill, By L.S. Whipper, 
R.S. Corning, S.G. Manly and C.Y. Waites
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 16-3-615 so as to include within the definition of sexual battery the offense
 of spousal sexual battery and to provide a penalty for violation, to provide
 that the offending spouse's conduct must be reported to the appropriate law
 enforcement authorities within thirty days and a charge made in order for that
 spouse to be prosecuted for this offense, and to provide for the admissibility
 of matters of controversy between the spouses under the provisions of Section
 16-3-659.1; and to amend Section 16-3-658, relating to criminal sexual conduct
 when the victim is a legal spouse, so as to provide that a person cannot be
 guilty of criminal sexual conduct if the victim is his legal spouse unless the
 couple is living apart rather than living apart by reason of a court order and
 provide that the actor's conduct must be reported to the appropriate law
 enforcement authorities within thirty days in order for a person to be
 prosecuted.-amended title

   12/12/90  House  Prefiled
   12/12/90  House  Referred to Committee on Judiciary
   01/08/91  House  Introduced and read first time HJ-56
   01/08/91  House  Referred to Committee on Judiciary HJ-57
   01/23/91  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   01/29/91  House  Amended HJ-12
   01/29/91  House  Read second time HJ-16
   01/30/91  House  Read third time and sent to Senate HJ-21
   02/05/91  Senate Introduced and read first time SJ-16
   02/05/91  Senate Referred to Committee on Judiciary SJ-17
   03/20/91  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   05/29/91  Senate Amended SJ-33
   05/29/91  Senate Read second time SJ-33
   05/29/91  Senate Ordered to third reading with notice of
                     amendments SJ-33
   05/30/91  Senate Read third time and returned to House with
                     amendments SJ-41
   06/05/91  House  Concurred in Senate amendment and enrolled HJ-21
   06/06/91         Ratified R 209
   06/12/91         Signed By Governor
   06/12/91         Effective date 06/12/91
   06/12/91         Act No. 139
   07/02/91         Copies available

(A139, R209, H3071)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

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

Spousal sexual battery

SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.

(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.

Exceptions

SECTION 2. Section 16-3-658 of the 1976 Code is amended to read:

"Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 through 16-3-659.1 if the victim is the legal spouse unless the couple is living apart and the offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.

The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for a person to be prosecuted for these offenses."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.

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