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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators McConnell and Ford
Document Path: l:\s-jud\bills\mcconnell\jud0092.gfm.doc
Introduced in the Senate on April 16, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Minors, sexual activity or violent crime
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/16/2003 Senate Introduced and read first time SJ-25 4/16/2003 Senate Referred to Committee on Judiciary SJ-25
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 15, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-412, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONTACT OR COMMUNICATE WITH A PERSON UNDER THE AGE OF SIXTEEN WITH THE INTENT TO ENGAGE THE MINOR IN SEXUAL ACTIVITY OR A VIOLENT CRIME, AND TO PROVIDE PENALTIES FOR THE OFFENSE; AND TO AMEND SECTION 16-15-445, RELATING TO THE FORFEITURE AND SEIZURE OF EQUIPMENT USED IN VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 15 OF TITLE 16, SO AS TO PROVIDE FOR THE FORFEITURE AND SEIZURE OF EQUIPMENT USED IN A VIOLATION OF SECTION 16-15-412.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-412. (A) It is unlawful to contact or communicate with, or attempt to contact or communicate with, a minor under the eighteen years of age, or a person reasonably believed to be under eighteen years of age, with the intent to:
(1) engage the minor in;
(2) perform in the presence of the minor; or
(3) coerce, solicit, induce, coerce, encourage, persuade, seduce, or lure the minor to participate with a third party in,
one of the following acts:
(a) sexual activity as defined in Section 16-15-375(5); or
(b) a violent crime as defined in Section 16-1-60.
The unlawful acts in items (a) and (b) do not have to have actually occurred in order for a person to be guilty of this offense.
(B) As used in this section, 'contact or communicate with' includes contact or communication by visual, physical, verbal, written or electronic means.
(C) The following may not be used as a defense to this offense:
(1) the victim's consent, if the victim is fifteen years of age or younger; or
(2) the fact that the actor solicited, induced, coerced, encouraged, persuaded, seduced, or lured a law enforcement officer acting in an official capacity in an undercover operation.
(D) A person who violates the provisions of this section is guilty of a felony, and upon conviction, must be fined not more than five thousand dollars, imprisoned not more than ten years, or both."
SECTION 2. Section 16-15-445 of the 1976 Code is amended to read:
"Section 16-15-445. (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 16-15-412, 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.
(B) Prior to entering a forfeiture order, the court must conduct a hearing to determine ownership and the rights of innocent third parties with respect to the property, and notice of the hearing must be given to all interested parties. The court must incorporate into its forfeiture order provisions necessary to protect the interests of innocent third parties.
(C) Subject to the limitations of subsection (B), property forfeited pursuant to court order must be destroyed by the arresting law enforcement agency, unless that law enforcement agency can show good cause for retaining the property. Ownership of property so retained vests in the arresting law enforcement agency which may use the property in the performance of its duties, destroy it, or sell it at public auction. Retained property may be sold at public auction after giving notice, in a newspaper of general circulation in the county, of the date, time, and place of the auction and a description of the property to be auctioned. After payment of the expenses of the auction, one-half of the net proceeds may be retained by the arresting law enforcement agency, and one-half must be remitted to the State Treasurer for deposit to the credit of the Victim's Compensation Fund."
SECTION 3. This act takes effect upon approval by the Governor.
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