Current Status Introducing Body:
HouseBill Number: 3071Ratification Number: 209Act Number: 139Primary Sponsor: WhipperType of Legislation: GBSubject: Spousal sexual batteryDate Bill Passed both Bodies: Jun 05, 1991Computer Document Number: 3071Governor's Action: SDate of Governor's Action: Jun 12, 1991Introduced Date: Jan 08, 1991Date of Last Amendment: May 29, 1991Last History Body: ------Last History Date: Jun 12, 1991Last History Type: Act No. 139Scope of Legislation: StatewideAll Sponsors: Whipper Waites Corning ManlyType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3071 ------ Jun 12, 1991 Act No. 139 3071 ------ Jun 12, 1991 Signed by Governor 3071 ------ Jun 06, 1991 Ratified R 209 3071 House Jun 05, 1991 Concurred in Senate amendment, enrolled for ratification 3071 Senate May 30, 1991 Read third time, returned with amendment 3071 Senate May 29, 1991 Amended, read second time, ordered to third reading with notice of general amendments 3071 Senate Mar 20, 1991 Committee Report: Favorable 11 with amendment 3071 Senate Feb 05, 1991 Introduced, read first time, 11 referred to Committee 3071 House Jan 30, 1991 Read third time, sent to Senate 3071 House Jan 29, 1991 Amended, read second time 3071 House Jan 23, 1991 Committee Report: Favorable 25 with amendment 3071 House Jan 08, 1991 Introduced and read first 25 time, referred to Committee 3071 House Dec 12, 1990 Prefiled, referred to 25 CommitteeView additional legislative information at the LPITS web site.
(A139, R209, H3071)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
Be it enacted by the General Assembly of the State of South Carolina:
Spousal sexual battery
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.
(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.
(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."
SECTION 2. Section 16-3-658 of the 1976 Code is amended to read:
"Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 through 16-3-659.1 if the victim is the legal spouse unless the couple is living apart and the offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.
The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for a person to be prosecuted for these offenses."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991.