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H. 3808
STATUS INFORMATION
General Bill
Sponsors: Reps. Wooten, Calhoon and Huggins
Document Path: l:\council\bills\bh\7130ahb19.docx
Introduced in the House on January 30, 2019
Currently residing in the House Committee on Judiciary
Summary: Indecent exposure
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/30/2019 House Introduced and read first time (House Journal-page 23)
1/30/2019 House Referred to Committee on Judiciary
(House Journal-page 23)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 16-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO RESTRUCTURE THE PENALTY PROVISIONS BY PROVIDING DEGREES OF THE OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. (A)(1) It is unlawful for a person to: wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway
(1) expose his person when the exposure is indecent, wilful, and malicious and the exposure is in a public place, on property of others, or to the view of any person on any street or highway;
(2) expose his person when the exposure is indecent, wilful, and malicious, and the exposure is in a public place, on property of others, or to the view of any person on any street or highway, and the exposure is lewd and lascivious in nature with the purpose of sexual gratification; or
(3) expose his person to a minor under the age of eighteen when the exposure is indecent, wilful, and malicious and the exposure is in a public place, on property of others, or to the view of any person on any street or highway.
(2)(B) This subsection does The provisions of this section do not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.
(B)(C) A person who violates the provisions of:
(1) subsection (A)(1) is guilty of a the misdemeanor of indecent exposure in the third degree and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both;
(2) subsection (A)(2) is guilty of the felony of indecent exposure in the second degree and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than five years, or both;
(3) subsection (A)(3) is guilty of the felony of indecent exposure in the first degree and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both."
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.
This web page was last updated on
February 1, 2019 at 5:45 PM