Current Status Introducing Body:Senate Bill Number:608 Primary Sponsor:Thomas Committee Number:11 Type of Legislation:GB Subject:Sexual exploitation of minor Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3368 Computer Document Number:608 Introduced Date:Feb 06, 1991 Last History Body:Senate Last History Date:Feb 06, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Thomas Type of Legislation:General Bill
Bill Body Date Action Description CMN
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608 Senate Feb 06, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted as a minor through its title, text, visual representation, or otherwise is a minor.
(C) Mistake of age is not a defense to a prosecution under this section.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years."
SECTION 2. The first paragraph of Section 16-15-375 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor."
SECTION 3. The felony crime provided by Section 16-15-410 of the 1976 Code, as contained in Section 1 of this act is added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 4. This act takes effect upon approval by the Governor.