Current Status Introducing Body:
HouseBill Number: 3368Ratification Number: 130Act Number: 73Primary Sponsor: FairType of Legislation: GBSubject: Sexual exploitation of minorCompanion Bill Number: 608Date Bill Passed both Bodies: Apr 30, 1991Computer Document Number: DKA/3086.ALGovernor's Action: SDate of Governor's Action: May 22, 1991Introduced Date: Jan 30, 1991Date of Last Amendment: Mar 20, 1991Last History Body: ------Last History Date: May 22, 1991Last History Type: Act No. 73Scope of Legislation: StatewideAll Sponsors: Fair Sharpe Rama J. Bailey Huff Cork Wells Quinn Harvin Haskins Jaskwhich Holt Wright Neilson Littlejohn Fulmer G. Bailey Phillips Gonzales Vaughn Burriss H. Brown Koon M. Martin McGinnis McCain Bruce MarchbanksType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3368 ------ May 22, 1991 Act No. 73 3368 ------ May 22, 1991 Signed by Governor 3368 ------ May 21, 1991 Ratified R 130 3368 Senate Apr 30, 1991 Read third time, enrolled for ratification 3368 Senate Apr 29, 1991 Read second time, unanimous consent for third reading on Tuesday, April 30 3368 Senate Apr 17, 1991 Committee Report: Favorable 11 3368 Senate Mar 21, 1991 Introduced, read first time, 11 referred to Committee 3368 House Mar 21, 1991 Read third time, sent to Senate 3368 House Mar 20, 1991 Amended, read second time 3368 House Mar 06, 1991 Committee Report: Favorable 25 with amendment 3368 House Jan 30, 1991 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A73, R130, H3368)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.
Be it enacted by the General Assembly of the State of South Carolina:
Third degree sexual exploitation of a minor
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted as a minor through its title, text, visual representation, or otherwise is a minor.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years."
Offense added to definition relating to dissemination of obscene material to minors
SECTION 2. The first paragraph of Section 16-15-375 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor."
Third degree sexual exploitation of a minor added to list of felony crimes
SECTION 3. The felony crime provided by Section 16-15-410 of the 1976 Code, as contained in Section 1 of this act is added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 22nd day of May, 1991.