Current Status Introducing Body:Senate Bill Number:331 Primary Sponsor:Fielding Committee Number:11 Type of Legislation:GB Subject:Spousal sexual battery Residing Body:Senate Current Committee:Judiciary Computer Document Number:331 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fielding Hayes Bryan Giese Mitchell Courson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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331 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
331 Senate Dec 03, 1990 Prefiled, referred to 11
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE ARE LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.
(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within forty-five days in order for that spouse to be prosecuted for this offense.
(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."
SECTION 2. Section 16-3-658 of the 1976 Code is amended to read:
"Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 to through 16-3-659.1 if the victim is his the legal spouse, unless the couple are living apart, by reason of court order, and the actor's offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.
The offending spouse's conduct must be reported to appropriate law enforcement authorities within forty-five days in order for a person to be prosecuted for these offenses."
SECTION 3. This act takes effect upon approval by the Governor.