South Carolina General Assembly
108th Session, 1989-1990

Bill 792

                    Current Status

Bill Number:               792
Ratification Number:       394
Act Number                 358
Introducing Body:          Senate
Subject:                   Disseminating harmful materials to
                           minors
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A358, R394, S792)

AN ACT TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

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

Disseminating harmful materials to minors

SECTION 1. Section 16-15-385(A) of the 1976 Code is amended to read:

"(A) A person commits the offense of disseminating harmful material to minors if, knowing the character or content of the material, he:

(1) sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or

(2) allows a minor to review or peruse material that is harmful to minors.

A person does not commit an offense under this subsection when he employs a minor to work in a theater if the minor's parent or guardian consents to the employment and if the minor is not allowed in the viewing area when material harmful to minors is shown."

Disseminating harmful materials to minors

SECTION 2. Section 16-15-385(C)(2) of the 1976 Code is amended to read:

"(2) the defendant was a school, church, museum, public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment."

Time effective

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

Approved the 19th day of March, 1990.