Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 1, Title 39 of the 1976 Code is amended by adding:
(A) It is unlawful for an individual
to sell a laser device to a minor under the age of eighteen
(B) It is unlawful to sell a laser device to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, presented, and reasonably relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.
(C) An individual who knowingly violates the provisions of subsection (A) or (B) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;
(2) for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars; and
(3) for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars.
(D)(1) A minor under the age of eighteen years may not purchase, attempt to purchase, possess, or attempt to possess a laser device, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a laser device. A minor under the age of eighteen may possess a laser device if it is:
(a) used by an individual as an emergency signaling device to send an emergency distress signal;
(b) used for legitimate educational purposes so long as it is used solely for that purpose;
(c) used for legitimate business purposes and during the normal course of that business;
(d) necessary for the individual's employment, education, trade or occupation, so long as it is used solely for that purpose; or
(e) used as part of a gun sight, so long as it is used in a lawful manner.
(2) A minor who knowingly violates a provision of this subsection in person, by agent, or in any other way commits a noncriminal offense and is subject to a civil fine of twenty-five dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges.
(3) A violation of this subsection is not a criminal or delinquent offense and no criminal or delinquent record may be maintained. A minor may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this subsection.
(4) A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.
(E) As used in this section, 'laser' means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave." /
Renumber sections to conform.
Amend title to conform.