S 0683 General Bill, By Russell and Thomas
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-735 SO AS TO PROVIDE THAT AN EMPLOYEE OF A DETENTION FACILITY WHO
 SEXUALLY ASSAULTS AN INMATE WHILE IN CUSTODY IS GUILTY OF A FELONY, AND TO
 PROVIDE A PENALTY.

   04/01/99  Senate Introduced and read first time SJ-4
   04/01/99  Senate Referred to Committee on Judiciary SJ-4

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-735 SO AS TO PROVIDE THAT AN EMPLOYEE OF A DETENTION FACILITY WHO SEXUALLY ASSAULTS AN INMATE WHILE IN CUSTODY IS GUILTY OF A FELONY, AND TO PROVIDE A PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-735. (A) As used in this section:

(1) 'Actor' means a person accused of sexual assault;

(2) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order;

(3) 'Inmate' means a person who is detained in a detention facility on a charge or a conviction of a felony, misdemeanor, municipal offense, or violation of a court order;

(4) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person; and

(5) 'Sexual contact' means any contact for the purpose of sexual gratification of the actor with intimate parts of a person not married to the actor.

(B) A person employed by a detention facility is guilty of the felony, sexual assault upon an inmate, when the person engages in sexual contact with an inmate while the inmate is in the custody of a detention facility and, upon conviction, must be imprisoned not more than five years.

(C) Consent of the inmate is not a defense to a prosecution pursuant to this section."

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