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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
June 2, 2010
H. 4202
Introduced by Reps. Mitchell, Long, Dillard, Cobb-Hunter and Sellers
S. Printed 6/2/10--S.
Read the first time April 20, 2010.
TO AMEND SECTION 16-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES, SO AS TO PROVIDE A MANDATORY MINIMUM PENALTY OF FIVE YEARS FOR A PERSON WHO COMMITS THE OFFENSE AND INCREASE THE MAXIMUM PENALTY TO THIRTY YEARS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10 ); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-930); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-33-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); lewd act upon a child under sixteen (Section 16-15-140); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. Section 16-1-90(A) of the 1976 Code is amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
10-11-325(B)(2) Detonating an explosive or destructive
device or igniting an incendiary device upon
the capitol grounds or within the capitol
building resulting in death to a person
where there was not malice aforethought
16-3-50 Manslaughter--voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655(C)(2) Criminal sexual conduct, 1st degree, with
minor less than 16, 2nd offense
16-3-656 Assault with intent to commit criminal
sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is
legal spouse (separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-930 Trafficking in persons
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(A) Arson in the first degree
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380(A) Entering bank with intent to steal money,
securities for money, or property, by force,
intimidation, or threats
16-11-390 Safecracking
16-11-532(D)(2) Injuring real property when illegally
obtaining nonferrous metals and the act
results in the death of a person
16-23-720(A)(2) Detonating a destructive device or causing
an explosion, or intentionally aiding,
counseling, or procuring an explosion by
means of detonation of a destructive device
which results in the death of a person where
there was not malice aforethought
24-13-450 Taking of a hostage by an inmate
43-35-85(F), 16-3-1050(F) Abuse or neglect of a vulnerable
adult resulting in death
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic
drugs in Schedules I(b) and (c), LSD, and
Schedule II) second, third, or subsequent
offense
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more but less than 28
grams)
Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in
cocaine, 28 grams or more but less than 100
grams)
Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more but less than
500 dosage units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more but less than
1,000 dosage units)
Second offense
44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense
44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more, but less than
1,000 dosage units)
Third or subsequent offense
44-53-370(e)(6)(d) Prohibited Acts, penalties (trafficking in
flunitrazepam, 5 kilograms or more)
44-53-370(e)(8)(a)(ii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 500--Second
offense
44-53-370(e)(8)(a)(iii) Trafficking in MDMA or ecstasy,
100 dosage units but less than 500--Third or
subsequent offense
44-53-370(e)(8)(b)(ii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 1000--Third or
subsequent offense
44-53-370(e)(8)(b)(iii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 1000--Third or
subsequent offense
44-53-370(g)(1)(b) Prohibited Acts A, penalties (distribution
of narcotic drugs in Schedules I(b) and (c),
LSD, and Schedule II with intent to commit
a crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties (distribution
of narcotic drugs in Schedules I(b) and
(c), LSD, and Schedule II with intent to
commit a crime)
Third or subsequent offense
44-53-375(B)(2) Manufacture, distribution of
methamphetamine or cocaine base, second
offense
44-53-375(B)(3) Manufacture, distribution, etc.,
methamphetamine, or cocaine base
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack cocaine
(10 grams or more but less than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine
(28 grams or more but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport
facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or
railroad signs or signals prohibited when
death results from violation
58-17-4090 Penalty for obstruction of railroad"
SECTION 3. Section 16-1-90(D) of the 1976 Code is amended to read:
"(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
10-11-325(A) Possessing, having readily accessible, or
transporting onto the capitol grounds or
within he capitol building an explosive,
destructive, or incendiary device
16-1-55 Accessory after the fact of a Class A, B, or C
Felony
16-3-930 Knowingly subjecting another person to
forced labor or services, or recuiting,
harboring, transporting, providing, or
obtaining by any means a person knowing
that the person will be subject to forced labor
or services
16-3-1090(B) Assist another person in committing suicide
16-3-1730(C) Stalking within ten years of a conviction of
harassment or stalking
16-11-312 Burglary--second degree
16-11-325 Common law robbery
16-11-525(D)(1) Injuring real property when illegally
obtaining nonferrous metals and the act
results in great bodily injury to person
16-15-140 Committing or attempting lewd act upon
child under 16
16-15-355 Disseminating obscene material to a minor
12 years or younger
16-23-720(C) Possessing, manufacturing, transporting,
distributing, possessing with the intent to
distribute any explosive device, substance,
or material configured to damage, injure, or
kill a person, or possessing materials which
when assembled constitute a destructive
device
16-23-720(D) Threaten by means of a destructive weapon
16-23-720(E) Harboring one known to have violated
provisions relating to bombs, weapons of
mass destruction, and destructive devises
16-23-730 Communicating or transmitting to a person
that a hoax device or replica is a destructive
device or detonator with intent to intimidate
or threaten injury, obtain property, or
interfere with the ability of a person or
government to conduct its affairs
16-23-750 Communicating or aiding and abetting the
communication of a threat or conveying
false information concerning an attempt to
kill, injure, or intimidate a person or damage
property or destroy by means of an
explosive, incendiary, or destructive device
(second or subsequent offense)
24-3-210 Furloughs for qualified inmates of state
prison system--Failure to return (See Section
24-13-410)
24-13-410(B) Escaping or attempting to escape from
prison or possessing tools or weapons used
to escape
24-13-470 Inmate throwing bodily fluids on a
correctional facility employee
43-35-85(B) Abusing or neglecting a vulnerable adult that
results in great bodily injury
43-35-85(D), 16-3-1050(E) Abuse or neglect of a vulnerable
adult resulting in great bodily injury
44-53-370(b)(1) Prohibited Acts A, penalties (narcotic drugs
in Schedule I (b) and (c), LSD, and
Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a)
(distribution of controlled substances with
intent to commit a crime)
First offense
44-53-375(B)(1) Manufacture, distribution, etc.,
methamphetamine or cocaine
First offense
44-53-445(B)(2) Distribution, manufacture, sale, or
possession of crack cocaine within proximity
of a school
44-53-577 Unlawful to hire, solicit, direct a person
under 17 years of age to transport, conceal,
or conduct financial transaction relating to
unlawful drug activity
50-21-113(A)(1) Operating a moving water device while
under the influence of alcohol or drugs
where great bodily injury results
56-5-2945(A)(1) Causing great bodily injury by operating
vehicle while under influence of drugs or
alcohol"
SECTION 4. Section 16-3-20(C)(a)(1) of the 1976 Code is amended to read:
"(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) trafficking in persons;
(c)(d) burglary in any degree;
(d)(e) robbery while armed with a deadly weapon;
(e)(f) larceny with use of a deadly weapon;
(f)(g) killing by poison;
(g)(h) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h)(i) physical torture;
(i)(j) dismemberment of a person; or
(j)(k) arson in the first degree as defined in Section 16-11-110(A)."
SECTION 5. Section 16-3-652(1)(b) of the 1976 Code is amended to read:
"(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act."
SECTION 6. Section 16-3-655(D)(2)(a) of the 1976 Code is amended to read:
"(2) In sentencing a person, upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(i) The victim's resistance was overcome by force.
(ii) The victim was prevented from resisting the act because the actor was armed with a dangerous weapon.
(iii) The victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm.
(iv) The victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance.
(v) The crime was committed by a person with a prior conviction for murder.
(vi) The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value.
(vii) The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person.
(viii) The crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct.
(ix) The crime was committed during the commission of burglary in any degree, or kidnapping, or trafficking in persons."
SECTION 7. Section 17-25-45(C) of the 1976 Code is amended to read:
"(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this item
16-3-10 Murder
16-3-29 Attempted Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-210(B) Assault and battery by mob, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-930 Trafficking in persons
16-3-1075 Carjacking
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results.
(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-210(C) Assault and battery by mob, Second degree
16-3-600(B) Assault and battery of a high and aggravated nature
16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-11-380(B) Theft of a person using an automated teller machine
16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b)
43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury.
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere."
SECTION 8. Section 23-3-430(C) of the 1976 Code is amended to read:
"(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(17)(18) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(18)(19) sexual battery of a spouse (Section 16-3-615);
(19)(20) sexual intercourse with a patient or trainee (Section 44-23-1150);
(20)(21) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
(21)(22) administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny."
SECTION 9. Section 23-3-490(D)(1) of the 1976 Code is amended to read:
"(D) For purposes of this article, information on a person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910); or
(h) trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."
SECTION 10. Section 23-3-535(B) of the 1976 Code is amended to read:
"(B) It is unlawful for a sex offender who has been convicted of any of the following offenses to reside within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground:
(1) criminal sexual conduct with a minor, first degree;
(2) criminal sexual conduct with a minor, second degree;
(3) assault with intent to commit criminal sexual conduct with a minor; or
(4) kidnapping a person under eighteen years of age; or
(5) trafficking in persons of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."
SECTION 11. Section 23-3-540(G)(1) of the 1976 Code is amended to read:
"(G) This section applies to a person who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with a minor in the first degree (Section 16-3-655(A));
(b) criminal sexual conduct with a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from illicit consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not required to be electronically monitored pursuant to the provisions of this section;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent; or
(i) trafficking in persons (Section 16-3-930) of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense; or"
SECTION 12. Section 44-53-370(f) of the 1976 Code is amended to read:
"(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) trafficking in persons, Section 16-3-930;
(2)(3) criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(3)(4) criminal sexual conduct with a minor in the first or second degree, Section 16-3-655;
(4)(5) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(5)(6) spousal sexual battery, Section 16-3-615;
(6)(7) engaging a child for a sexual performance, Section 16-3-810;
(7)(8) committing lewd act upon child under sixteen, Section 16-15-140;
(8)(9) petit larceny, Section 16-13-30 (A); or
(9)(10) grand larceny, Section 16-13-30 (B)."
SECTION 13. The repeal or amendment by the provisions of this act or 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 14. This act takes effect upon approval by the Governor.
This web page was last updated on June 2, 2010 at 6:53 PM