South Carolina General Assembly
117th Session, 2007-2008

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Bill 4437

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

January 31, 2008

H. 4437

Introduced by Rep. G.M. Smith

S. Printed 1/31/08--H.

Read the first time January 9, 2008.

            

A BILL

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.

Amend Title To Conform

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

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 under 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 the Department of Corrections, Attorney General's office, a prosecuting agency, State Law Enforcement Division, or to a sworn law enforcement officer who, while acting within his official capacity in the course of an investigation, 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.

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