H 3074 Session 123 (2019-2020) H 3074 General Bill, By Norrell and Hosey
TO AMEND SECTIONS 16-15-90 AND 16-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PROSTITUTION OFFENSES, SO AS TO INCREASE THE PENALTIES FOR SOLICITATION OF PROSTITUTION, ESTABLISHING OR KEEPING A BROTHEL OR HOUSE OF PROSTITUTION, OR CAUSING OR INDUCING ANOTHER TO PARTICIPATE IN PROSTITUTION; TO ESTABLISH THE AFFIRMATIVE DEFENSE WHEN A VICTIM OF HUMAN TRAFFICKING IS CHARGED WITH A PROSTITUTION OFFENSE; TO INCREASE THE PENALTIES FOR SOLICITING, CAUSING, OR INDUCING ANOTHER FOR OR INTO PROSTITUTION WHEN THE PROSTITUTE HAS A MENTAL DISABILITY; TO ADD ADDITIONAL PENALTIES FOR OWNERS OF BUSINESS ESTABLISHMENTS WHO KNOWINGLY ALLOW THE BUSINESS ESTABLISHMENT TO BE USED IN VIOLATION OF A PROSTITUTION OFFENSE; TO ALLOW THE COURT TO ORDER A PERSON TO COMPLETE A PROGRAM DESIGNED SPECIFICALLY FOR PERSONS WHO SOLICIT OR PROCURE A PERSON FOR PROSTITUTION; AND TO REPEAL SECTION 16-15-110 RELATING TO PROSTITUTION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-15-90 of the 1976 Code is amended to read:
"Section 16-15-90. (A) It
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction: (1) for a first offense, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both; (2) for a second offense, must be fined not more than one thousand dollars or imprisoned not more than six months, or both; (3) for a third or subsequent offense, must be fined not more than three thousand dollars or imprisoned not more than one year, or both. (C) It is an affirmative defense to a prosecution for a violation of this section that, during the commission of the offense, the defendant was a victim of trafficking in persons as defined in Section 16-3-2010(10)." SECTION 2. Section 16-15-100 of the 1976 Code is amended to read:
"Section 16-15-100. (A) It (1) procure or solicit for the purpose of prostitution;
(7) expose indecently the private person for the purpose of prostitution or other indecency; (8) reside in, enter, or remain in a place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation, or prostitution; (9) keep or set up a house of ill fame, brothel, or bawdyhouse; (10) receive a person for purposes of lewdness, assignation, or prostitution into a vehicle, conveyance, trailer, place, structure, or building; (11) permit a person to remain for the purpose of lewdness, assignation, or prostitution in a vehicle, conveyance, trailer, place, structure, or building; (12) direct, take, or transport, offer or agree to take or transport, or aid or assist in transporting a person to a vehicle, conveyance, trailer, place, structure, or building, or to another person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation; (13) lease, rent, or contract to lease or rent a vehicle, conveyance, trailer, place, structure, building, or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes prohibited by the provisions of this section;
(15) knowingly use a business establishment or permit the business establishment to be used for any of the purposes prohibited in this section. (B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction: (a) for a first offense, must be fined not less than two hundred fifty dollars and not more than one thousand dollars or imprisoned not more than thirty days, or both; (b) for a second offense, must be fined not less than five hundred dollars and not more than three thousand dollars or imprisoned not more than six months, or both; (c) for a third or subsequent offense, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars or imprisoned not more than one year, or both. (2) A person who violates a provision of this section when the prostitute is severely or profoundly mentally disabled, is guilty of a felony and, upon conviction, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars or imprisoned not more than two years, or both. (C) A business owner who violates the provisions of this section pursuant to subsection (A)(15), in addition to the penalties provided in this section, is also subject to the penalties provided in Section 16-3-2030 and Section 16-3-2090. (D) In the discretion of the court, a person who violates the provisions of this section regarding procuring or soliciting a person for the purpose of prostitution, in addition to the penalties provided in this section, may be ordered to complete a program designed specifically for persons convicted of this particular offense. All costs associated with attendance and completion of such program are to be borne by the person convicted of the violation." SECTION 3. Section 16-15-110 of the 1976 Code is repealed. SECTION 4. 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 5. This act takes effect upon approval by the Governor.
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