South Carolina General Assembly
117th Session, 2007-2008

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H. 3397

STATUS INFORMATION

General Bill
Sponsors: Reps. Scott, Parks, Govan and Haskins
Document Path: l:\council\bills\ms\7150ahb07.doc

Introduced in the House on January 31, 2007
Currently residing in the House Committee on Judiciary

Summary: Criminal sexual conduct with minor

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/31/2007  House   Introduced and read first time HJ-15
   1/31/2007  House   Referred to Committee on Judiciary HJ-15
    2/6/2007  House   Member(s) request name added as sponsor: Haskins

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/31/2007

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

A 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 AGE OF CONSENT FOR PURPOSES OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE FROM SIXTEEN TO EIGHTEEN OR SEVENTEEN IF HE HAS GRADUATED FROM HIGH SCHOOL.

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

SECTION    1.    Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:

"(2)    the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen eighteen years of age, or who is at least seventeen years of age provided he has graduated from high school, 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. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense."

SECTION    2.    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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.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    3.    This act takes effect upon approval by the Governor.

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