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Bill 185

                    Current Status

Bill Number:                      185
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Holland
All Sponsors:                     Holland
Drafted Document Number:          l:\s-jud\bills\holland\jud0010.dhh.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Sexual battery and fondling defined, 
                                  harassment to include electronic contact, 
                                  Internet, Crimes and Offenses, Sex


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        11 SJ


                             Versions of This Bill

TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1600 SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY," "SEXUAL FONDLING," "INTIMATE PARTS," AND "ACTOR"; BY ADDING SECTION 16-3-1610 SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER THE AGE OF SIXTEEN TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620 SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.

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

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1600. As used in this article:

(1) 'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

(2) 'Sexual fondling' means the intentional touching or caressing of another person's intimate parts.

(3) 'Intimate parts' includes the primary genital area, anus, groin, inner thighs, or buttocks of a male or female human being and the breasts of a female human being.

(4) 'Actor' means a person accused of sexual enticement of a minor."

SECTION 2. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1610. A person is guilty of sexual enticement of a minor if that person entices, solicits, induces, coerces, encourages, persuades, seduces, or lures a person under the age of sixteen, or any person the actor believes to be under the age of sixteen, to engage in sexual battery or sexual fondling with the actor or any other person when the actor is at least three years older than the victim.

Sexual enticement of a minor includes but is not limited to oral or written communications including but not limited to communications by telephone, computer, or other electronic means."

SECTION 3. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1620. A person who violates Section 16-3-1610 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years."

SECTION 4. Section 16-3-1700(A) of the 1976 Code is amended to read:

"(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:

(1) following the targeted person as he moves from location to location;

(2) visual, physical, electronic, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;

(3) surveillance of or the maintenance of a presence near the targeted person's:

(a) residence;

(b) place of work;

(c) school; or

(d) another place regularly occupied by the targeted person; and

(4) vandalism and property damage.

Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties."

SECTION 5. This act takes effect upon approval by the Governor.

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