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Session 115 - (2003-2004)Printer Friendly
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H*4451 (Rat #0258, Act #0208 of 2004) General Bill, By G.M. Smith, Altman, Clark and Owens
Summary: Minors, exploitation, obscenity; creation of the offence of Criminal Solicitation of a Minor
AN ACT TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR, TO PROVIDE CONSENT IS A DEFENSE TO PROSECUTION IF THE PERSON UNDER THE AGE OF EIGHTEEN IS AT LEAST SIXTEEN YEARS OLD BUT THAT CONSENT IS NOT A DEFENSE TO PROSECUTION IF THE PERSON IS UNDER THE AGE OF SIXTEEN, AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF TWELVE, SO AS TO INCREASE THE PENALTY FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER THE AGE OF EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-445, RELATING TO SEIZURE AND FORFEITURE OF EQUIPMENT USED IN THE COMMISSION OF OBSCENITY AND SEXUAL EXPLOITATION OF A MINOR OFFENSES, SO AS TO INCLUDE THE OFFENSES OF CRIMINAL SOLICITATION OF A MINOR AND THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO CONVICTIONS RENDERING A PERSON A "SEX OFFENDER", SO AS TO INCLUDE A PERSON CONVICTED OF CRIMINAL SOLICITATION OF A MINOR; AND TO AMEND SECTION 44-48-30, RELATING TO THE DEFINITIONS CONTAINED IN THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO INCLUDE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR IN THE DEFINITION OF "SEXUALLY VIOLENT OFFENSE". - ratified title
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Summary: Minors, exploitation, obscenity; creation of the offence of Criminal Solicitation of a Minor
AN ACT TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR, TO PROVIDE CONSENT IS A DEFENSE TO PROSECUTION IF THE PERSON UNDER THE AGE OF EIGHTEEN IS AT LEAST SIXTEEN YEARS OLD BUT THAT CONSENT IS NOT A DEFENSE TO PROSECUTION IF THE PERSON IS UNDER THE AGE OF SIXTEEN, AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF TWELVE, SO AS TO INCREASE THE PENALTY FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER THE AGE OF EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-445, RELATING TO SEIZURE AND FORFEITURE OF EQUIPMENT USED IN THE COMMISSION OF OBSCENITY AND SEXUAL EXPLOITATION OF A MINOR OFFENSES, SO AS TO INCLUDE THE OFFENSES OF CRIMINAL SOLICITATION OF A MINOR AND THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO CONVICTIONS RENDERING A PERSON A "SEX OFFENDER", SO AS TO INCLUDE A PERSON CONVICTED OF CRIMINAL SOLICITATION OF A MINOR; AND TO AMEND SECTION 44-48-30, RELATING TO THE DEFINITIONS CONTAINED IN THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO INCLUDE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR IN THE DEFINITION OF "SEXUALLY VIOLENT OFFENSE". - ratified title
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| 12/10/03 | House | Prefiled |
| 12/10/03 | House | Referred to Committee on Judiciary |
| 01/13/04 | House | Introduced and read first time HJ-78 |
| 01/13/04 | House | Referred to Committee on Judiciary HJ-79 |
| 01/14/04 | House | Member(s) request name added as sponsor: Owens |
| 02/18/04 | House | Committee report: Favorable with amendment Judiciary HJ-16 |
| 02/19/04 | House | Amended HJ-35 |
| 02/19/04 | House | Read second time HJ-37 |
| 02/19/04 | House | Unanimous consent for third reading on next legislative day HJ-37 |
| 02/20/04 | House | Read third time and sent to Senate HJ-2 |
| 02/24/04 | Senate | Introduced and read first time SJ-9 |
| 02/24/04 | Senate | Referred to Committee on Judiciary SJ-9 |
| 03/30/04 | Senate | Committee report: Favorable with amendment Judiciary SJ-12 |
| 03/31/04 | Scrivener's error corrected | |
| 04/06/04 | Senate | Amended SJ-17 |
| 04/06/04 | Senate | Read second time SJ-17 |
| 04/06/04 | Senate | Ordered to third reading with notice of amendments SJ-17 |
| 04/07/04 | Scrivener's error corrected | |
| 04/07/04 | Senate | Read third time and returned to House with amendments SJ-18 |
| 04/14/04 | House | Concurred in Senate amendment and enrolled HJ-61 |
| 04/20/04 | Ratified R 258 | |
| 04/26/04 | Signed By Governor | |
| 05/03/04 | Copies available | |
| 05/03/04 | Effective date 04/26/04 | |
| 05/18/04 | Act No. 208 |