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S. 235

STATUS INFORMATION

General Bill
Sponsors: Senators Kimbrell, Leber and Zell
Document Path: SR-0191KM25.docx

Introduced in the Senate on January 16, 2025
Introduced in the House on April 2, 2025
Last Amended on May 13, 2026
Passed by the General Assembly on May 14, 2026

Summary: Prostitution

HISTORY OF LEGISLATIVE ACTIONS

Date	Body	Action Description with journal page number
1/16/2025	Senate	Introduced and read first time (Senate Journal-page 6)
1/16/2025	Senate	Referred to Committee on Judiciary (Senate Journal-page 6)
2/21/2025	Senate	Referred to Subcommittee: Adams (ch), Kimbrell, Devine, Blackmon, Kennedy, Leber, Walker
3/3/2025		Scrivener's error corrected
3/12/2025	Senate	Committee report: Favorable with amendment Judiciary (Senate Journal-page 0)
3/17/2025		Scrivener's error corrected
3/25/2025	Senate	Committee Amendment Tabled (Senate Journal-page 16)
3/25/2025	Senate	Amended (Senate Journal-page 16)
3/25/2025	Senate	Read second time (Senate Journal-page 16)
3/25/2025	Senate	Roll call Ayes-40 Nays-0 (Senate Journal-page 16)
3/27/2025	Senate	Read third time and sent to House (Senate Journal-page 11)
3/28/2025		Scrivener's error corrected
4/2/2025	House	Introduced and read first time (House Journal-page 11)
4/2/2025	House	Referred to Committee on Judiciary (House Journal-page 11)
5/6/2026	House	Committee report: Favorable with amendment Judiciary (House Journal-page 15)
5/7/2026		Scrivener's error corrected
5/12/2026	House	Debate adjourned (House Journal-page 86)
5/13/2026	House	Amended (House Journal-page 236)
5/13/2026	House	Read second time (House Journal-page 236)
5/13/2026	House	Roll call Yeas-107 Nays-1 (House Journal-page 243)
5/14/2026	House	Read third time and returned to Senate with amendments (House Journal-page 10)
5/14/2026		Scrivener's error corrected
5/14/2026	Senate	Concurred in House amendment and enrolled (Senate Journal-page 91)
5/15/2026		Ratified R 222
5/18/2026		Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/16/2025
3/3/2025
3/12/2025
3/13/2025
3/17/2025
3/25/2025
3/28/2025
5/6/2026
5/7/2026
5/13/2026
5/14/2026

(R222, S235)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO DEFINE THE TERM "PROSTITUTION," REVISE THE STATUTE AND PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS TO PROSECUTION FOR VICTIMS OF HUMAN TRAFFICKING AND VICTIMS UNDER THE AGE OF EIGHTEEN; BY AMENDING SECTION 16-15-100, RELATING TO FURTHER ACTS OF PROSTITUTION, SO AS TO DEFINE NECESSARY TERMS, REVISE THE STATUTE REGARDING PROMOTING PROSTITUTION, INCREASE THE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS TO PROSECUTION TO PERSONS COERCED AS RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING; BY AMENDING SECTION 16-15-110, RELATING TO SOLICITATION OF PROSTITUTION OFFENSES, SO AS TO DEFINE THE TERM "PROSTITUTION," AND INCREASE THE PENALTIES FOR VIOLATIONS; AND BY ADDING SECTION 16-15-115 SO AS TO PROVIDE THAT PERSONS PREVIOUSLY CONVICTED OF A PROSTITUTION OFFENSE MAY BE ELIGIBLE TO PARTICIPATE IN A TREATMENT AND REHABILITATION PROGRAM UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE FOR EXPUNGEMENT OF THE ARREST RECORD.

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

Prostitution offenses, revisions, penalties, and exclusions

SECTION 1.    Sections 16-15-90 through 16-15-110 of the S.C. Code are amended to read:

Section 16-15-90.    (A) For the purposes of this section "prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value.

(B) It is unlawful to:

(1) engage in prostitution;

(2) expose indecently the private person for the purpose of prostitution; or

(3) reside in, enter, or remain in any place, structure, building, vehicle, trailer, or conveyance for the purpose of prostitution.

(C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.

(D) A person is immune from prosecution under this section if that person was under the age of eighteen at the time of the alleged act.

(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;

(2) for a second offense, a fine not exceeding five hundred dollars or confinement in prison for a period of not more than sixty days, or both; or

(3) for a third or any subsequent offense, a fine not exceeding three thousand dollars or confinement for a period of not more than one year, or both.

(F) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Section 16-15-100.    (A) For the purposes of this section:

(1) "Prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value.

(2) "Sexual grooming" means a person's attempt to gradually establish an emotional connection with another person to lessen their inhibitions to engage in sexual activities with or at the direction of the person.

(B) It shall further be unlawful to:

(1) procure, recruit, sexually groom, cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a person to become a prostitute or to enter, remain, or reside in a place, structure, building, vehicle, trailer, or conveyance with the intent to commit an act of prostitution;

(2) receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute;

(3) accept or receive knowingly any money or other thing of value without consideration from a prostitute;

(4) keep or set up a trailer, place, structure, building, or any other conveyance to facilitate prostitution;

(5) receive any person for purposes of prostitution into any vehicle, conveyance, trailer, place, structure, or building;

(6) permit any person to remain for the purpose of prostitution in any vehicle, conveyance, trailer, place, structure, or building;

(7) direct, take, or transport, offer or agree to direct, take, or transport, or aid or assist in directing, taking, or transporting any person to any vehicle, conveyance, trailer, place, structure, or building or to any other person with knowledge of or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution;

(8) lease or rent, or contract to lease or rent, any vehicle, conveyance, trailer, place, structure, or building or part thereof with actual knowledge or having reasonable cause to believe that it is intended to be used for prostitution;

(9) promote, market, or advertise prostitution on a media platform accessible to the public including, but not limited to, social media platforms; or

(10) aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.

(C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.

(D) A person who violates this section must be punished as follows:

(1) for a first offense, a person is guilty of misdemeanor and, upon conviction, must be fined at least three thousand dollars and imprisoned for a period of not more than three years;

(2) for a second offense, a person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars and imprisoned for a period of not more than five years; or

(3) for a third or subsequent offense, a person is guilty of a felony and, upon conviction, must be fined at least five thousand dollars with a maximum of up to ten thousand dollars and confinement in prison for not more than ten years.

(E) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Section 16-15-110.    (A) For the purposes of this section "prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value.

(B) It is unlawful for a person to solicit, induce, entice, or offer money or anything of value to a prostituted person for the purpose of engaging in prostitution.

(C) A person who violates this section must be punished as follows:

(1) for a first offense, the person is guilty of a misdemeanor and, upon conviction, must be fined at least two thousand dollars and imprisoned for a period of not more than two years;

(2) for a second offense, the person is guilty of a misdemeanor and, upon conviction, must be fined at least three thousand dollars and imprisoned for a period of not more than three years; or

(3) for a third or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars with a maximum fine of up to ten thousand dollars and imprisoned for a period of not more than five years.

(D) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Prostitution, treatment and rehabilitation programs

SECTION 2.    Article 1, Chapter 15, Title 16 of the S.C. Code is amended by adding:

Section 16-15-115.    (A) When a person who has not previously been convicted of an offense pursuant to Section 16-15-90 or any similar offense under any state or federal statute relating to prostitution pleads guilty to or is found guilty of a violation of Section 16-15-90, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that the person cooperate in a treatment and rehabilitation program of a state-supported facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense pursuant to this section. Discharge and dismissal pursuant to this section may occur only once with respect to any person.

(B) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (A), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (B)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.

(C) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee to the summary court of one hundred fifty dollars. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.

Savings clause

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.

Severability clause

SECTION 4.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION 5.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2026.

Approved the _____________ day of _________________________________________2026.

This web page was last updated on May 15, 2026 at 4:49 PM