H 3808 Session 123 (2019-2020) H 3808 General Bill, By Wooten, Calhoon and Huggins A BILL TO AMEND SECTION 16-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO RESTRUCTURE THE PENALTY PROVISIONS BY PROVIDING DEGREES OF THE OFFENSE.
TO AMEND SECTION 16-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO RESTRUCTURE THE PENALTY PROVISIONS BY PROVIDING DEGREES OF THE OFFENSE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. (A) (1) expose his person when the exposure is indecent, wilful, and malicious and the exposure is in a public place, on property of others, or to the view of any person on any street or highway; (2) expose his person when the exposure is indecent, wilful, and malicious, and the exposure is in a public place, on property of others, or to the view of any person on any street or highway, and the exposure is lewd and lascivious in nature with the purpose of sexual gratification; or (3) expose his person to a minor under the age of eighteen when the exposure is indecent, wilful, and malicious and the exposure is in a public place, on property of others, or to the view of any person on any street or highway.
(1) subsection (A)(1) is guilty of (2) subsection (A)(2) is guilty of the felony of indecent exposure in the second degree and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than five years, or both; (3) subsection (A)(3) is guilty of the felony of indecent exposure in the first degree and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both." SECTION 2. 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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 3. This act takes effect upon approval by the Governor.
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