Senate Amendment 3
S 995 - Session 125 (2023-2024)
MPIC

Senator Hutto proposes the following amendment (SJ-995.MB0008S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 23-3-430(C)(2) of the S.C. Code is amended to read:

 (C)  (2) For purposes of this article, a person who has been convicted of, or pled guilty or nolo contendere to any of the following offenses shall be referred to as a Tier II offender:
   (a) criminal sexual conduct in the second degree (Section 16-3-653);
   (b) engaging a child for sexual performance (Section 16-3-810);
   (c) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
   (d) trafficking in persons (Section 16-3-2020) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
   (e) criminal sexual conduct with minors, second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding, or in any court of competent jurisdiction, and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
   (f) criminal sexual conduct with minors, third degree (Section 16-3-655(C)). If evidence is presented at the criminal proceeding, or in any court of competent jurisdiction, and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
   (g) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
    (i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
    (ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
   (h) violations of Article 3, Chapter 15, Title 16 involving a minor;.
   (i) sexual exploitation of a minor, first degree (Section 16-15-395), except as otherwise provided in this article;
   (j) sexual exploitation of a minor, second degree (Section 16-15-405), except as otherwise provided in this article; or
   (k) sexual exploitation of a minor, third degree (Section 16-15-410), except as otherwise provided in this article.