H 3924 General Bill, By Fair, Allison, Anderson, Bailey, Easterday, J.G. Felder, 
Haskins, M.F. Jaskwhich, C.V. Marchbanks, Mason, McMahand, Rice, Sandifer, 
Simrill, Tripp, Trotter and Vaughn
 A Bill to amend Section 16-15-130, as amended, Code of Laws of South Carolina,
 1976, relating to indecent exposure, so as to delete the current provisions
 and to establish misdemeanor public indecency and misdemeanor indecent
 exposure, and to provide penalties.

   04/05/95  House  Introduced and read first time HJ-6
   04/05/95  House  Referred to Committee on Judiciary HJ-6

A BILL

TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND TO ESTABLISH MISDEMEANOR PUBLIC INDECENCY AND MISDEMEANOR INDECENT EXPOSURE, AND TO PROVIDE PENALTIES.

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

SECTION 1. Section 16-15-130 of the 1976 Code, as last amended by Section 180, Act 184 of 1993, is further amended to read:

"Section 16-15-130. It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.

A person who violates the provisions of this section 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.

(A) For purposes of this section, `nudity' means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering of any part of the nipple or the showing of covered male genitals in a discernibly turgid state.

(B) It is unlawful for a person to knowingly or intentionally in a public place to:

(1) engage in sexual intercourse;

(2) engage in deviate sexual conduct;

(3) appear in a state of nudity; or

(4) fondle the genitals of himself or another person.

(C) A person who violates the provisions of subsection (B) is guilty of misdemeanor public indecency and, upon conviction, must be imprisoned for not more than one year and fined not more than five thousand dollars.

(D) It is unlawful for a person in a nonpublic place to knowingly or intentionally be seen by persons other than invitees and occupants of that place:

(1) engaged in sexual intercourse;

(2) engaged in deviate sexual conduct; or

(3) fondling the genitals of himself or another person.

(E) A person who violates the provisions of subsection (D) is guilty of misdemeanor indecent exposure and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than sixty days."

SECTION 2. This act takes effect upon approval by the Governor.