Current Status Bill Number:3792 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950314 Primary Sponsor:Fair All Sponsors:Fair Drafted Document Number:dka\3761cm.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Third degree sexual exploitation of minor
Body Date Action Description Com Leg Involved
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House 19950314 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 16-15-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE THAT MISTAKE OF AGE IS NOT A DEFENSE TO THIS OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-15-410 of the 1976 Code, as added by Act 73 of 1991, is amended to read:
"Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of 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) Mistake of age is not a defense to a prosecution under this section.
(D) 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."
SECTION 2. This act takes effect upon approval by the Governor.