Current Status Bill Number:3569 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970227 Primary Sponsor:Jordan All Sponsors:Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason, Leach Drafted Document Number:jic\5445cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19980429 Subject:Nude dancing establishments, unlawful; Crimes and Offenses, Indecent exposure
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980429 Recommitted to Committee 25 HJ
House 19980429 Amended
House 19980429 Request for debate by Representative Harrison
Jordan
J. Smith
Woodrum
Knotts
Altman
Hawkins
Loftis
Fleming
Barrett
Mason
House 19980429 Co-Sponsor removed (Rule 5.2) by Rep. Knotts
House 19980428 Co-Sponsor added (Rule 5.2) by Rep. Knotts
House 19980428 Co-Sponsor removed (Rule 5.2) by Rep. Whatley
House 19980423 Recalled from Committee 25 HJ
House 19970227 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED, NOT PRINTED
p:\amend\jic\5594djc.98
April 29, 1998
H. 3569
Introduced by Reps. Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason and Leach
S. Printed 4/23/98--H.
Read the first time February 27, 1997.
TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS, INCLUDING PENALTIES AGAINST A BUSINESS THAT KNOWINGLY PERMITS A VIOLATION OF THIS SECTION WITHIN ITS PREMISES, WHICH PENALTIES MAY INCLUDE A LOSS OF ALCOHOLIC LIQUOR LICENSES, TO DEFINE AND PROHIBIT NUDITY, AND TO PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-15-130 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-15-130. It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(A) For the purposes of this section, 'nudity' means the showing of the human male or female genitals, anus, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, including the areola, or the showing of covered male genitals in a discernibly turgid state. For purposes of this section, that portion of the buttocks that must be covered is one-third of the gluteus maximus centered over the cleavage for the length of the cleavage.
(B) Except for constitutionally protected expression, and as provided in subsection (F), it is unlawful for a person knowingly or intentionally to appear in a state of nudity in a public place, on property of others, or to the view of a person on a street or highway.
(C) Except for constitutionally protected expression, and as provided in subsection (F), it is unlawful for a person or business entity knowingly or intentionally to encourage, allow, permit, or suffer another person to appear or be nude in a public place, on property of others, on property they lease, own, control, or have the legal capacity to control, or to the view of a person on a street or highway. For purposes of this section, a person who owns or controls real estate who leases real estate to another person, when he knew or should have known the real estate would be used by the lessee or another person in violation of this section, is guilty of a violation of this section whenever the leased real estate is knowingly and intentionally used by the lessee, or any other person with the knowledge of the lessor or lessee in violation of this section.
(D) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than twenty-five hundred dollars for a first offense. For a second and subsequent offense, he must be imprisoned not more than six months.
(E) A business that violates the provisions of this section by permitting a person knowingly or intentionally to appear in a state of nudity within its premises is guilty of a misdemeanor. Upon conviction, any license issued pursuant to the Alcoholic Beverage Control Act is suspended for one year and the business must be fined not less than one thousand dollars nor more than twenty-five hundred dollars. For a second and subsequent offense, a license issued pursuant to the Alcohol Beverage Control Act is revoked and the business must be fined not less than twenty-five hundred dollars nor more than five thousand dollars.
(F) It is not unlawful for:
(1) a person to appear or be nude in a place customarily set aside for nudity provided the person appears or is nude for the purpose of performing a legal function customarily intended to be performed within that place, and that person does not appear and is not nude within that place for the purpose of obtaining tips, wages, money, property, financial gain, or anything of value for the person or any other person or entity in consideration or exchange for appearing or being nude, or to facilitate or enhance the sale of food, beverages, whether alcoholic or not, commodities, or any other items of property of whatsoever kind or nature; or
(2) the care, hygiene, and feeding of babies and infants when necessary under the circumstances and no alternative to brief nudity is reasonably available.
SECTION 2. This act takes effect upon approval by the Governor.