S 23 Session 123 (2019-2020) S 0023 General Bill, By Hutto, Shealy, Jackson and Cromer
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; 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 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 subject to the requirements of Section 16-3-2020(F), that, during the commission of the offense, the defendant was a victim of trafficking in persons as defined by Section 16-3-2010(9)." 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 in this section; or
(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 where the prostitute has been adjudicated or meets the definition to be found severely or profoundly mentally disabled beyond a reasonable doubt, 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." SECTION 3. Section 16-15-110 of the 1976 Code is repealed. SECTION 4. This act takes effect upon approval by the Governor.
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