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H. 3033
STATUS INFORMATION
General Bill
Sponsors: Reps. Huggins, Vaughn, Leach, E.H. Pitts, Viers, Clark, Simrill, Haley and Toole
Document Path: l:\council\bills\ms\7053ahb05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Criminal sexual conduct, first, second and third degree
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-59 1/11/2005 House Referred to Committee on Judiciary HJ-60
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF THREE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO ADD THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-652(2) of the 1976 Code is amended to read:
"(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court less than ten nor more than thirty years, no part of which may be suspended nor probation granted."
SECTION 2. Section 16-3-653(2) of the 1976 Code is amended to read:
"(2) Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according to the discretion of the court less than five nor more than twenty years, no part of which may be suspended nor probation granted."
SECTION 3. Section 16-3-654(2) of the 1976 Code is amended to read:
"(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court less than three nor more than ten years, no part of which may be suspended nor probation granted."
SECTION 4. Section 16-3-655(1) of the 1976 Code is amended to read:
"(1) A person is guilty of criminal sexual conduct in the first degree if:
(a) the actor engages in sexual battery with the victim who is less than eleven years of age. ; or
(b) the actor has one or more prior convictions for a crime for which the actor must register as a sex offender pursuant to Section 23-3-430, and the actor engages in sexual battery with a victim who is less than sixteen years of age."
SECTION 5. This act takes effect upon approval by the Governor.
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