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H. 4557
STATUS INFORMATION
General Bill
Sponsors: Reps. Coates and McGee
Document Path: l:\council\bills\ms\7091ahb06.doc
Companion/Similar bill(s): 4302
Introduced in the House on January 31, 2006
Currently residing in the House Committee on Judiciary
Summary: Criminal sexual conduct with a minor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/31/2006 House Introduced and read first time HJ-29 1/31/2006 House Referred to Committee on Judiciary HJ-29
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO INCREASE THE MANDATORY MINIMUM PENALTY FOR CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE FIRST DEGREE TO TWENTY-FIVE YEARS; AND TO AMEND SECTION 16-15-140, RELATING TO COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN, SO AS TO PROVIDE A MANDATORY MINIMUM PENALTY OF ONE YEAR AND TO PROVIDE THAT THE FINE IS IN ADDITION TO IMPRISONMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-655 of the 1976 Code, as last amended by Act 94 of 2005, is further amended to read:
"Section 16-3-655. (A) A person is guilty of criminal sexual conduct in the first degree with a minor if:
(1) the actor engages in sexual battery with the a victim who is less than eleven years of age; or
(2) the actor engages in sexual battery with a victim who is less than sixteen years of age, and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C), or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).
(B) Upon conviction for a violation of subsection (A), the actor must be punished by imprisonment for not less than ten a mandatory minimum of twenty-five years nor more than thirty years, no part of which may be suspended or probation granted.
(B)(C) A person is guilty of criminal sexual conduct in the second degree with a minor if the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age.
(C)(D) A person is guilty of criminal sexual conduct in the second degree with a minor if the actor engages in sexual battery with a victim who is at least fourteen years of age, but who is less than sixteen years of age, and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.
(E) A person convicted of a violation of subsection (C) or (D) must be punished as provided in Section 16-3-653."
SECTION 2. Section 16-15-140 of the 1976 Code is amended to read:
"Section 16-15-140. It is unlawful for a person over the age of fourteen years to wilfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.
A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not less that a mandatory minimum of one year and not more than fifteen years, or both and fined in the discretion of the court."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
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