House Amendment 1
H 3583 - Session 125 (2023-2024)
Gavin's Law, Sextortion

The Committee on Judiciary proposes the following amendment (LC-3583.HDB0003H):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

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

 Section 16-15-430.(A) As used in this section: 

  (1) "Adult" means a person eighteen years or older.

  (2) "Minor" means any person under eighteen years of age at the time of the alleged offense.

  (3) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

  (4) "Private image" means an image depicting sexually explicit nudity or sexual activity, as defined in Section 16-15-375, or sexual conduct, as defined in Section 16-15-305.

  (5) "Image" means a photograph, film, videotape, recording, live transmission, digital or computer-generated visual depiction, or any other reproduction made by electronic, mechanical, or other means.

  (6) "Disclose" means exhibit, transfer, publicize, distribute, or reproduce.

  (7) "Vulnerable adult" has the same meaning as in Section 43-35-10.

 (B) A person commits the offense of felony sexual extortion if the actor intentionally and maliciously threatens to release private images of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his will with the intent to obtain additional private images or anything else of value. Except as provided in subsection (C), a person convicted of felony sexual extortion must be imprisoned:

  1) not more than five years for a first offense;

  2) not more than ten years for a second offense; or

  3) not more than twenty years for a third or subsequent offense.

 (C)(1) If the victim is a minor or vulnerable adult and the person convicted of felony sexual extortion is an adult, then the person must be imprisoned not more than twenty years. In addition to any order of restitution, the court may include the costs of behavioral health counseling from an appropriate agency or provider.

  (2) If the person convicted is a minor, then the person is guilty of misdemeanor sexual extortion and must be imprisoned not more than one year. The court may order as a condition of sentencing behavioral health counseling from an appropriate agency or provider.

 (D) If a victim suffers great bodily injury or death and the finder of fact finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the great bodily injury or death, then the person is guilty of felony sexual extortion and must be imprisoned not more than twenty years.

SECTION 2. Local school districts shall collaborate with the State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General's office, as appropriate, to implement a policy to educate and notify students of the provisions of this act which includes adequate notice to students, parents or guardians, the public, and school personnel of the change in law. 

SECTION 3. This act takes effect upon approval by the Governor.