Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 6, 2026

 

S. 235

 

Introduced by Senators Kimbrell, Leber and Zell

 

S. Printed 5/6/26--H.

Read the first time April 2, 2025

 

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The committee on House Judiciary

To whom was referred a Bill (S. 235) to amend the South Carolina Code of Laws by amending Section 16-15-90, relating to prostitution, so as to revise the statute to prohibit prostitution by a prostituted, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90(B)(2), (3), and (4) and inserting:

    (3)(2) Procure procure or solicit for the purpose of prostitution;

    (4)(3)(2) Expose expose indecently the private person for the purpose of prostitution or other indecency; or

    (5)(4)(3) Reside reside in, enter, or remain in any place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation or prostitution; or.

Amend the bill further, SECTION 1, by striking Section 16-15-90(B)(5) and inserting:

    (11)(5) Aidaid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.

Amend the bill further, SECTION 1, by striking Section 16-15-90(C) and (D) and inserting:

    (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, as a direct result of or interrelated to trafficking, 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 was a minor at the time this section was violated shall not be prosecuted pursuant to this section if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offenseis immune from prosecution under this section if that person was under the age of eighteen at the time of the alleged act.

Amend the bill further, SECTION 1, by striking Section 16-15-90(E)(2) and (3) and inserting:

       (2) for a second offense, a fine not exceeding one thousandfive hundred dollars or confinement in prison for a period of not more than ninetysixty 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 lessmore than one year, or both.

Amend the bill further, SECTION 1, Section 16-15-90, by adding a subsection to read:

    (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.

Amend the bill further, SECTION 1, by striking Section 16-15-100(A)(2) and inserting:

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

Amend the bill further, SECTION 1, by striking Section 16-15-100(B) and (C) and inserting:

    (B) It shall further be unlawful to:

    (1) Procure a female inmate for a house of prostitution ;

           (2) (1) procure, recruit, sexually groom, cause, Cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to come into or leave this State or to enter, remain, or reside an inmate ofin a house ofplace, structure, building, vehicle, trailer, or conveyance for the purpose ofwith the intent to commit and act of prostitution;

    (3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;

        (4) (2)Receive receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any female person to become a prostitute or an inmate in a house of prostitution;

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

       (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 believingwith 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,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.

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

       (1) for a first offense, a fine not exceeding one thousanda person is guilty of misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daysthree years;

       (2) for a second offense, a fine not exceedinga person is guilty of a misdemeanor and, upon conviction, must be fined at least threefive thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or bothfive years; or

       (3) for a third or any subsequent offense, a fine not exceedingperson 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 orand confinement in prison for a period of not less than fivenot more than ten years, or both.

    (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.

Amend the bill further, SECTION 1, by striking Section 16-15-110(C)(1), (2), and (3) and inserting:

       (1) for a first offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least onetwo thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daystwo years;

       (2) for a second offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or boththree years; or

       (3) for a third or any subsequent offense, a fine not exceeding tenthe person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars or confinement in prisonwith a maximum fine of up to ten thousand dollars and imprisoned for a period of not lessmore than five years, or both.

Amend the bill further, SECTION 1, Section 16-15-110, by adding a subsection to read:

    (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.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.  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 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.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill revises provisions related to the offense of prostitution by defining prostitution, creating a new related offense, establishing that all prostitution-related offenses are felonies and revises three existing penalty schedules.

Section 16-15-90 has been restructured to only include the following offenses related to prostitution, which are all considered felony offenses:

• Engaging in prostitution;

• Procuring or soliciting for the purpose of prostitution;

• Indecently exposing a person for the purpose of prostitution;

• Residing in or entering a place or conveyance for the purpose of prostitution; and

• Aiding, abetting, or knowingly participating in any of the above acts.

The bill provides that offenders who are minors at the time of a violation may not be prosecuted for the above offenses.  In addition, the bill provides that it is an affirmative defense to a prosecution for these offenses if the defendant committed the violation under duress or was coerced into commission of the offense as a result of being a victim of human trafficking.  The bill also changes the penalty structure for Section 16-15-90 from a tiered penalty with options for both a fine and imprisonment (under Section 16-15-10) to the single option of a term of imprisonment for no more than five years.

The bill also moves a number of prostitution-related offenses originally contained in Section 16-15-90 to Section 16-15-100 and adds a new offense to this section.  All offenses in the section are felonies as follows:

 

• Keeping or setting up a trailer, place, structure, or building to facilitate prostitution;

• Receiving a person for the purpose of prostitution into any vehicle, conveyance, trailer, place, structure, or building;

• Permitting a person to remain for the purpose of prostitution in a vehicle, conveyance, trailer, place, structure, or building;

• Directing, taking, or transporting, or offering or agreeing to take or transport, or aiding or assisting in transporting a person to a place/vehicle/structure or to another person with knowledge or having reasonable cause to believe that the purpose of such action is prostitution;

• Leasing, renting, or contracting to lease or rent a place/vehicle/structure or part thereof believing or having reasonable cause to believe that it is intended to be used for prostitution; and

• (New) Promoting, marketing, or advertising prostitution on a media platform accessible to the public.

The bill also changes the penalty structure for Section 16-15-100 from a tiered penalty with options for both a fine and imprisonment (under Section 16-15-10) to the single option of a term of imprisonment for no more than five years.

Further, the bill revises Section 16-15-110, which currently refers to the commission of offenses under both Sections 16-15-90 and 16-15-100, to solely make it a felony 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.  The bill also changes the penalty structure for Section 16-15-110 from a tiered penalty with options for both a fine and imprisonment to the single option of a term of imprisonment for no more than five years.

This bill may result in an increase in the number of circuit court cases, and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, Corrections, and PPP.  Judicial indicates that the increase in the caseload in court is expected to be managed within existing appropriations.  Additionally, the potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations.  These agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested.  For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.

 

State Revenue

This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT PROSTITUTION BY A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-100, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT CERTAIN ACTIONS RELATED TO A PERSON WHO SOLICITS CUSTOMERS FOR A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-110, RELATING TO VIOLATIONS FOR PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT A PERSON FROM SOLICITING A PROTITUTED PERSON.

 

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

 

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 shall beis unlawful to:

    (1) Engage engage in prostitution;

    (2) Aid or abet prostitution knowingly;

    (3)(2) Procure procure or solicit for the purpose of prostitution;

    (4)(3) Expose expose indecently the private person for the purpose of prostitution or other indecency;

    (5)(4) Reside reside in, enter, or remain in any place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation or prostitution; or

    (6) Keep or set up a house of ill fame, brothel or bawdyhouse;

    (7) Receive any person for purposes of lewdness, assignation or prostitution into any vehicle, conveyance, trailer, place, structure or building;

    (8) Permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, trailer, place, structure or building;

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

    (10) Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited;  or

    (11)(5) Aidaid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.

    (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, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense.

    (D) A person who was a minor at the time this section was violated shall not be prosecuted pursuant to this section if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense.

    (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 one thousand dollars or confinement in prison for a period of not more than ninety 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 less than one year, or both.

 

    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 a minor or members of a minor's family to lessen the minor's inhibitions to engage in sexual activities with or at the direction of the person.

    (B) It shall further be unlawful to:

    (1) Procure a female inmate for a house of prostitution ;

           (2) (1) procure, recruit, sexually groom, cause, Cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to come into or leave this State or to enter, remain, or reside an inmate ofin a house ofplace, structure, building, vehicle, trailer, or conveyance for the purpose of prostitution;

    (3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;

        (4) (2)Receive receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any female person to become a prostitute or an inmate in a house of prostitution;

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

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

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

       (1) for a first offense, a fine not exceeding one thousand dollars or confinement in prison for a period of not more than sixty days;

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

       (3) for a third or any subsequent offense, a fine not exceeding ten thousand dollars or confinement in prison for a period of not less than five years, or both.

 

    Section 16-15-110. (A) Any person violating any provision of Sections 16-15-90 and 16-15-100 must, upon conviction, be punished as follows: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.

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

    (2) for the second offense, a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both;

    (3) for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.

    (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, a fine not exceeding one thousand dollars or confinement in prison for a period of not more than sixty days;

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

       (3) for a third or any subsequent offense, a fine not exceeding ten thousand dollars or confinement in prison for a period of not less than five 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.  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.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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