South Carolina General Assembly
111th Session, 1995-1996

Bill 3159


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3159
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950110
Primary Sponsor:                   Inabinett 
All Sponsors:                      Inabinett, L. Whipper, Meacham,
                                   Lloyd, Jennings 
Drafted Document Number:           JIC\5229CM.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Criminal sexual conduct



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19950110  Introduced, read first time,             25 HJ
                  referred to Committee
House   19941221  Prefiled, referred to Committee          25 HJ

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-3-654, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE A PERSON IS GUILTY OF THIS OFFENSE IF HE IS A PUBLIC PRIMARY OR SECONDARY SCHOOL EMPLOYEE WHO COMMITS SEXUAL BATTERY WITH A STUDENT ON SCHOOL PROPERTY OR DURING SCHOOL-RELATED ACTIVITIES, AND TO PROVIDE PENALTIES.

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

SECTION 1. Section 16-3-654 of the 1976 Code is amended to read:

"Section 16-3-654. (1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are is proven:

(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.

(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.

(c) The actor is an employee of a public primary or secondary school who engages in sexual battery with a student in grades K through twelve on school property or during a school-related activity on nonschool property.

(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.

(3) In addition to the penalty contained in subsection 2 of this provision, a person found guilty of the crime contained in subsection (1)(c) of this provision must be suspended from his employment, and, if applicable, lose his teaching certification."

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

-----XX-----