South Carolina General Assembly
105th Session, 1983-1984

Bill 95


                    Current Status

Bill Number:               95
Ratification Number:       274
Act Number:                267
Introducing Body:          Senate
Subject:                   Relating to child poronography
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A267, R274, S95)

AN ACT TO AMEND CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 8 SO AS TO MAKE IT UNLAWFUL TO EMPLOY, AUTHORIZE, OR INDUCE A CHILD YOUNGER THAN EIGHTEEN TO ENGAGE IN A SEXUAL PERFORMANCE AND TO MAKE IT UNLAWFUL TO PRODUCE, DIRECT, OR PROMOTE A PERFORMANCE THAT INCLUDES SEXUAL CONDUCT BY A CHILD YOUNGER THAN EIGHTEEN; TO ESTABLISH CERTAIN AFFIRMATIVE DEFENSES TO THESE CRIMES AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Unlawful for any person to employ etc. child younger than

eighteen to engage in sexual performance

SECTION 1. Chapter 3 of Title 16 of the 1976 Code is amended by adding:

"Article 8

"Section 16-3-800. As used in this article:

(1) 'Sexual performance' means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age.

(2) 'Sexual conduct' means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

(3) 'Performance' means any play, motion picture, photograph, dance, or other visual representation that is exhibited before an audience.

(4) 'Promote' means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

Section 16-3-810. (a) It is unlawful for any person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.

(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the second degree and upon conviction shall be punished as provided in Section 16-3-653.

Section 16-3-820. (a) It is unlawful for any person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.

(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the third degree and upon conviction shall be punished as provided in Section 16-3-654.

Section 16-3-830. It is an affirmative defense to a prosecution under this article that the defendant, in good faith, reasonably believed that the person who engaged in the sexual conduct was eighteen years of age or older.

Section 16-3-840. When it becomes necessary for the purposes of this article to determine whether a child who participated in sexual conduct was younger than eighteen years of age, the court or jury may make this determination by any of the following methods:

(1) personal inspection of the child;

(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or

(5) any other method authorized by law or by rules of evidence."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.