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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 31, 2008
H. 3715
Introduced by Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G.R. Smith
S. Printed 1/31/08--H.
Read the first time March 14, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-654 of the 1976 Code is amended to read:
"Section 16-3-654. (1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if anyone or more of the following circumstances are proven, if the actor:
(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.;
(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.; or
(c) is a person affiliated with a public or private secondary school in an official capacity but is not a student enrolled in the public or private secondary school and the victim is a person under the age of nineteen who is currently enrolled in a public or private secondary school at which the actor works or has supervisory authority and aggravated force or aggravated coercion was not used to accomplish the sexual battery.
(2) A person who commits criminal sexual conduct in the third degree is guilty of a felony punishable by imprisonment and, upon conviction, must be imprisoned for not more than ten years, according to the discretion of the court.
(3) The provisions of item (1)(c) do not apply to a person affiliated with a public or private secondary school who is lawfully married to the student enrolled in the school at the time of the act.
(4) For purposes of this section:
(a) 'Person affiliated with a public or private secondary school in an official capacity' includes, but is not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons.
(b) 'Student' means a person:
(i) enrolled in a school, whether the person is suspended or not suspended; or
(ii) expelled from a school within one year of enrollment."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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