S*0095(Rat #0274, Act #0267 of 1984)  General Bill, By N.C. Russell, Holland, 
Land, Leventis, I.E. Lourie, McConnell, H.E. McDonald, M.E. McDonald, Moore, 
Ravenel, H.C. Smith and T.B. Smith

Similar(H 2691)
 A Bill to amend Chapter 3 of Title 16, Code of Laws of South Carolina, 1976,
 relating to offenses against the person by adding Article 8 so as to make it
 unlawful to employ, authorize, or induce a child younger than eighteen to
 engage in a sexual performance and to make it unlawful to produce, direct, or
 promote a performance that includes sexual conduct by a child younger than
 eighteen; to establish certain affirmative defenses to these crimes and to
 provide penalties for violations.-amended title

   01/11/83  Senate Introduced and read first time SJ-107
   01/11/83  Senate Referred to Committee on Judiciary SJ-107
   03/09/83  Senate Committee report: Favorable with amendment
                     Judiciary SJ-678
   03/15/83  Senate Amended SJ-712
   03/15/83  Senate Read second time SJ-713
   03/17/83  Senate Read third time and sent to House SJ-6748
   03/22/83  House  Introduced and read first time HJ-1614
   03/22/83  House  Referred to Committee on Judiciary HJ-1614
   01/12/84  House  Committee report: Favorable Judiciary HJ-395
   01/17/84  House  Read second time HJ-471
   01/18/84  House  Read third time and enrolled HJ-538
   01/24/84         Ratified R 274
   01/27/84         Signed By Governor
   01/27/84         Effective date 01/27/84
   01/27/84         Act No. 267
   02/02/84         Copies available

AN ACT TO AMEND CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 8 SO AS TO MAKE IT UNLAWFUL TO EMPLOY, AUTHORIZE, OR INDUCE A CHILD YOUNGER THAN EIGHTEEN TO ENGAGE IN A SEXUAL PERFORMANCE AND TO MAKE IT UNLAWFUL TO PRODUCE, DIRECT, OR PROMOTE A PERFORMANCE THAT INCLUDES SEXUAL CONDUCT BY A CHILD YOUNGER THAN EIGHTEEN; TO ESTABLISH CERTAIN AFFIRMATIVE DEFENSES TO THESE CRIMES AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Unlawful for any person to employ etc. child younger than

eighteen to engage in sexual performance

SECTION 1. Chapter 3 of Title 16 of the 1976 Code is amended by adding:

"Article 8

"Section 16-3-800. As used in this article:

(1) 'Sexual performance' means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age.

(2) 'Sexual conduct' means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

(3) 'Performance' means any play, motion picture, photograph, dance, or other visual representation that is exhibited before an audience.

(4) 'Promote' means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

Section 16-3-810. (a) It is unlawful for any person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.

(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the second degree and upon conviction shall be punished as provided in Section 16-3-653.

Section 16-3-820. (a) It is unlawful for any person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.

(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the third degree and upon conviction shall be punished as provided in Section 16-3-654.

Section 16-3-830. It is an affirmative defense to a prosecution under this article that the defendant, in good faith, reasonably believed that the person who engaged in the sexual conduct was eighteen years of age or older.

Section 16-3-840. When it becomes necessary for the purposes of this article to determine whether a child who participated in sexual conduct was younger than eighteen years of age, the court or jury may make this determination by any of the following methods:

(1) personal inspection of the child;

(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or

(5) any other method authorized by law or by rules of evidence."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.