South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

A94, R111, S47

STATUS INFORMATION

General Bill
Sponsors: Senators Cromer, Elliott, Fair, Ford and Ritchie
Document Path: l:\s-jud\bills\cromer\jud0008.rwc.doc

Introduced in the Senate on January 11, 2005
Introduced in the House on April 27, 2005
Last Amended on April 25, 2005
Passed by the General Assembly on May 25, 2005
Governor's Action: June 1, 2005, Signed

Summary: Criminal sexual conduct penalties

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-103
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-103
    2/4/2005  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie
   4/19/2005  Senate  Committee report: Favorable with amendment Judiciary SJ-9
   4/25/2005  Senate  Amended SJ-26
   4/25/2005  Senate  Read second time SJ-26
   4/26/2005  Senate  Read third time and sent to House SJ-11
   4/26/2005          Scrivener's error corrected
   4/27/2005  House   Introduced and read first time HJ-5
   4/27/2005  House   Referred to Committee on Judiciary HJ-5
   5/18/2005  House   Committee report: Favorable Judiciary HJ-143
   5/24/2005  House   Read second time HJ-18
   5/25/2005  House   Read third time and enrolled HJ-27
   5/26/2005          Ratified R 111
    6/1/2005          Signed By Governor
    6/3/2005          Copies available
    6/3/2005          Effective date 06/01/05
    6/7/2005          Act No. 94

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
4/19/2005
4/25/2005
4/26/2005
5/18/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A94, R111, S47)

AN ACT TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE WITH CERTAIN MINORS CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED, AND TO ADD THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE IF THE PERSON ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE AND THE PERSON HAS A PREVIOUS CONVICTION FOR WHICH HE IS REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY; BY ADDING SECTION 23-3-465 SO AS TO PROVIDE THAT A PERSON REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY IS PROHIBITED FROM LIVING IN CAMPUS STUDENT HOUSING AT A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

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

Criminal sexual conduct with minors, penalties

SECTION    1.    Section 16-3-655 of the 1976 Code is amended to read:

"Section 16-3-655.    (A)    A person is guilty of criminal sexual conduct in the first degree if:

(1)    the actor engages in sexual battery with the 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).

Upon conviction, the actor must be punished by imprisonment for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.

(B)    A person is guilty of criminal sexual conduct in the second degree 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)    A person is guilty of criminal sexual conduct in the second degree 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."

Sex offender registry prohibitions

SECTION    2.    Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-465.    Any person required to register under this article is prohibited from living in campus student housing at a public institution of higher learning supported in whole or in part by the State."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 2005.

Approved the 1st day of June, 2005.

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