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Current Status Bill Number:View additional legislative information at the LPITS web site.3953 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010418 Primary Sponsor:Klauber All Sponsors:Klauber, Quinn, Campsen and Taylor Drafted Document Number:l:\council\bills\ggs\22997cm01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal solicitation of a minor, sex offenses; Crimes, Electronic communication, Computers, Internet, Law Enforcement History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010418 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO PROVIDE FOR THE CRIME OF CRIMINAL SOLICITATION OF A MINOR, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; BY ADDING SECTION 23-3-70 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION UNDER CERTAIN CIRCUMSTANCES MAY ISSUE A SUBPOENA TO OBTAIN SPECIFIED INFORMATION FROM A PROVIDER OF ELECTRONIC COMMUNICATION SERVICES OR REMOTE COMPUTING SERVICES; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE AND FORFEITURE OF EQUIPMENT USED IN COMMITTING CERTAIN CRIMES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; TO AMEND SECTION 16-15-375, RELATING TO DEFINITIONS RELATING TO CERTAIN CRIMES AGAINST MORALITY AND DECENCY, SO AS TO REVISE THE DEFINITION OF "SEXUAL ACTIVITY"; AND TO AMEND SECTION 16-3-800, RELATING TO DEFINITIONS OF CERTAIN TERMS RELATING TO OFFENSES RELATED TO SEXUAL PERFORMANCE BY CHILDREN, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "SEXUAL PERFORMANCE", "PERFORMANCE", AND "PROMOTE".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-342. (A) A person commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a minor child known or reasonably believed to be under eighteen years of age, or another person reasonably believed by the person to be a minor under eighteen years of age, for the purpose of or with intent to engage in an unlawful act upon or with a minor, including:
(1) child abuse or sexual activity as defined in Section 16-15-375(5),
(2) a crime of violence as defined in Section 16-1-60,
(3) a crime involving theft,
(4) an unlawful interference with custody or control over a minor, or
(5) any other act for which a person can be charged with a criminal offense.
(B) As used in this section 'contacts or communicates with' includes direct and indirect contact or communication, by any means, including in person or through an agent or agency, and includes the use of a print medium, the mails, a common carrier or communications common carrier, an electronic communications system, and a telecommunications, wire, computer, or radio communications device or system.
(C) An undercover agent's or a law enforcement officer's involvement in the detection and investigation of an offense contained in this section is not a defense to a prosecution pursuant to this section.
(D) A person who violates the provisions contained in this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and be fined not more than ten thousand dollars."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-3-70. During an investigation of an act or activity involving a violation of Sections 16-15-305 through 16-15-355, 16-15-385, 16-3-810, 16-3-820, 16-15-395, 16-15-405, or 16-15-410, a certified law enforcement officer employed by the State Law Enforcement Division may issue a subpoena which requires a provider of electronic communication services or remote computing services to disclose the following information when it is relevant to an authorized law enforcement inquiry:
(1) its name, address, local and long distance telephone toll billing records;
(2) telephone number or other subscriber number or identity and length of service of a subscriber to or customer of this service; and
(3) the type of services the subscriber or customer utilized."
SECTION 3. Section 16-15-445(A) of the 1976 Code, as added by Act 168 of 1987, is further amended to read:
"(A) All equipment used directly by a person in committing a violation of Section 16-15-305, 16-15-395, or 16-15-405, or 16-15-410, including necessary software, may be seized by the law enforcement agency making the arrest and ordered forfeited by the court in which the conviction was obtained."
SECTION 4. Section 16-15-375(5) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(5) 'Sexual activity' includes any of the following acts or simulations thereof:
(a) masturbation, whether done alone or with another human or animal;
(b) vaginal, anal, or oral intercourse, whether done with another human or an animal;
(c) touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female any touching of the genitals, pubic area, or buttocks of a human male or female, or the breasts of a human female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;
(d) an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;
(e) excretory functions;
(f) the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.;
(g) any pose, posture, or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks, or a minor female's fully or partially developed breasts."
SECTION 5. Section 16-3-800 of the 1976 Code is amended to read:
"Section 16-3-800. As used in this article:
(1) 'Sexual performance' means any a performance or part thereof of a performance that includes sexual conduct by a child younger than eighteen years of age.
(2) 'Sexual conduct' means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.
(3) 'Performance' means any a play, motion picture, photograph, dance, or other visual representation that is can be exhibited before an audience of one or more persons.
(4) 'Promote' means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above activities."
SECTION 6. This act takes effect upon approval by the Governor.
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