A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-420 SO AS TO CREATE THE OFFENSE OF SEXUAL GROOMING OF A MINOR, AND TO PROVIDE A PENALTY.

 

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

 

SECTION 1.  Article 3, Chapter 15, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-15-420. (A) As used in this section, the term:

       (1) "Actor" means a person eighteen years of age or older.

       (2) "Communication" means any verbal, written, or electronic communication.

       (3) "Harmful to minors" means as defined in Section 16-15-375.

       (4) "Minor" means as defined in Section 16-15-375.

       (5) "Pattern of conduct or communication" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

       (6) "Sexual activity" means as defined in Section 16-15-375.

       (7) "Sexually explicit nudity" means as defined in Section 16-15-375.

    (B) An actor who engages in a pattern of conduct or communication to a minor that includes explicit and detailed verbal descriptions or narrative accounts of sexual activity or that includes representations of a person in a state of sexually explicit nudity and that is harmful to minors commits the offense of sexual grooming of a minor.  An actor who violates the provisions of this section is guilty of felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years.

    (C) Mistake of age is not a defense to a prosecution pursuant to the provisions of this section.

 

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

----XX----