H 3861 General Bill, By Haskins, Bailey, Barrett, Beck, Campsen, Davenport, 
Gamble, Leach, L.H. Limbaugh, Littlejohn, Loftis, Mason, Robinson, Rodgers, 
Sharpe, Simrill, R. Smith, Tripp, Witherspoon, W.J. Young and Young-Brickell
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE
 UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE
 AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658,
 AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT
 OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT
 APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE
 UNDER AGE FOURTEEN.

   04/09/97  House  Introduced and read first time HJ-26
   04/09/97  House  Referred to Committee on Judiciary HJ-27
   04/30/97  House  Recalled from Committee on Judiciary HJ-48
   04/30/97  House  Read second time HJ-72
   05/01/97  House  Read third time and sent to Senate HJ-21
   05/01/97  Senate Introduced and read first time SJ-32
   05/01/97  Senate Referred to Committee on Judiciary SJ-32

April 30, 1997

H. 3861

Introduced by Reps. Haskins, Sharpe, Beck, R. Smith, Mason, Young-Brickell, Loftis, Campsen, Tripp, Bailey, Littlejohn, Simrill, Davenport, Witherspoon, Barrett, Leach, Limbaugh, Rodgers, Robinson, Gamble and Young

S. Printed 4/30/97--H.

Read the first time April 9, 1997.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658, AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE UNDER AGE FOURTEEN.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-1-100. No male under the age of sixteen and no female under the age of fourteen are capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."

SECTION 2. Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:

"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."

SECTION 3. This act takes effect upon approval by the Governor.