South Carolina General Assembly
126th Session, 2025-2026

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S. 405

STATUS INFORMATION

General Bill
Sponsors: Senators Alexander, Martin and Young
Document Path: SR-0043CEM25.docx

Introduced in the Senate on March 4, 2025
Introduced in the House on April 3, 2025
Last Amended on March 5, 2026
Currently residing in the Senate

Summary: Homicide by Child Abuse

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
3/4/2025 Senate Introduced and read first time (Senate Journal-page 6)
3/4/2025 Senate Referred to Committee on Judiciary (Senate Journal-page 6)
3/26/2025 Senate Committee report: Favorable Judiciary (Senate Journal-page 15)
4/1/2025 Senate Read second time (Senate Journal-page 25)
4/1/2025 Senate Roll call Ayes-45 Nays-0 (Senate Journal-page 25)
4/2/2025 Senate Read third time and sent to House (Senate Journal-page 9)
4/3/2025 House Introduced and read first time (House Journal-page 27)
4/3/2025 House Referred to Committee on Judiciary (House Journal-page 27)
2/3/2026 House Committee report: Favorable with amendment Judiciary (House Journal-page 6)
2/5/2026 House Amended (House Journal-page 25)
2/5/2026 House Read second time (House Journal-page 25)
2/5/2026 House Roll call Yeas-110 Nays-0 (House Journal-page 25)
2/5/2026 House Unanimous consent for third reading on next legislative day (House Journal-page 27)
2/6/2026 House Read third time and returned to Senate with amendments
2/11/2026 Senate Non-concurrence in House amendment (Senate Journal-page 26)
3/5/2026 House House recedes from amendment(s) (House Journal-page 6)
3/5/2026 House Ordered enrolled for ratification (House Journal-page 6)
3/5/2026 Ratified R 106

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/4/2025
3/26/2025
2/3/2026
2/5/2026
3/5/2026

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R106, S405)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.

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

Homicide by Child Abuse, age of child increased

SECTION 1.    Section 16-3-85 of the S.C. Code is amended to read:

Section 16-3-85.    (A) A person is guilty of homicide by child abuse if the person:

(1) causes the death of a child under the age of eighteen while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eighteen.

(B) As used in this section:

(1) "Child abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare.

(2) "Harm" to a child's health or welfare occurs when a person:

(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;

(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or

(c) abandons the child resulting in the child's death.

(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eighteen, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

Time effective

SECTION 2.    This act takes effect upon approval by the Governor.

Ratified the 5th day of March, 2026.

______________________________________________________________________

President of the Senate

_____________________________________________________________________

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2026.

____________________________________________________________________

Governor

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This web page was last updated on March 5, 2026 at 3:02 PM