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A226, R253, H4437
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\ms\7463ahb08.doc
Introduced in the House on January 9, 2008
Introduced in the Senate on February 5, 2008
Last Amended on January 31, 2008
Passed by the General Assembly on May 7, 2008
Governor's Action: May 14, 2008, Signed
Summary: Law enforcement personnel
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/9/2008 House Introduced and read first time HJ-16 1/9/2008 House Referred to Committee on Judiciary HJ-16 1/30/2008 House Committee report: Favorable with amendment Judiciary HJ-7 1/31/2008 House Amended HJ-49 1/31/2008 House Read second time HJ-50 1/31/2008 House Unanimous consent for third reading on next legislative day HJ-50 2/1/2008 House Read third time and sent to Senate HJ-3 2/5/2008 Senate Introduced and read first time SJ-20 2/5/2008 Senate Referred to Committee on Judiciary SJ-20 2/11/2008 Senate Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, Vaughn 4/30/2008 Senate Committee report: Favorable with amendment Judiciary SJ-20 5/1/2008 Senate Committee Amendment Adopted SJ-44 5/1/2008 Senate Read second time SJ-44 5/6/2008 Senate Read third time and returned to House with amendments SJ-8 5/7/2008 House Concurred in Senate amendment and enrolled HJ-25 5/8/2008 Ratified R 253 5/14/2008 Signed By Governor 5/27/2008 Copies available 5/27/2008 Effective date 05/14/08 6/4/2008 Act No. 226
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VERSIONS OF THIS BILL
(A226, R253, H4437)
AN ACT TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.
Be it enacted by the General Assembly of the State of South Carolina:
Third degree sexual exploitation of a minor, exceptions
SECTION 1. Section 16-15-410 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"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 pursuant to 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) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.
(D) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2008.
Approved the 14th day of May, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:38 P.M.