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TO AMEND SECTIONS 16-15-90 AND 16-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PROSTITUTION OFFENSES, SO AS TO INCREASE THE PENALTIES FOR SOLICITATION OF PROSTITUTION, ESTABLISHING OR KEEPING A BROTHEL OR HOUSE OF PROSTITUTION, OR CAUSING OR INDUCING ANOTHER TO PARTICIPATE IN PROSTITUTION; TO ESTABLISH THE AFFIRMATIVE DEFENSE WHEN A VICTIM OF HUMAN TRAFFICKING IS CHARGED WITH A PROSTITUTION OFFENSE; TO INCREASE THE PENALTIES FOR SOLICITING, CAUSING, OR INDUCING ANOTHER FOR OR INTO PROSTITUTION WHEN THE PROSTITUTE HAS A MENTAL DISABILITY; TO ADD ADDITIONAL PENALTIES FOR OWNERS OF BUSINESS ESTABLISHMENTS WHO KNOWINGLY ALLOW THE BUSINESS ESTABLISHMENT TO BE USED IN VIOLATION OF A PROSTITUTION OFFENSE; TO ALLOW THE COURT TO ORDER A PERSON TO COMPLETE A PROGRAM DESIGNED SPECIFICALLY FOR PERSONS WHO SOLICIT OR PROCURE A PERSON FOR PROSTITUTION; AND TO REPEAL SECTION 16-15-110 RELATING TO PROSTITUTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-15-90 of the 1976 Code is amended to read:
"Section 16-15-90. (A) It shall be is unlawful to:
(1) Engage engage in prostitution; or
(2) Aid knowingly aid or abet prostitution knowingly;
(3) Procure or solicit for the purpose of prostitution;
(4) Expose indecently the private person for the purpose of prostitution or other indecency;
(5) Reside in, enter or remain in any place, structure, building, vehicle, trailer or conveyance for the purpose of lewdness, assignation or prostitution;
(6) Keep or set up a house of ill fame, brothel or bawdyhouse;
(7) Receive any person for purposes of lewdness, assignation or prostitution into any vehicle, conveyance, trailer, place, structure or building;
(8) Permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, trailer, place, structure or building;
(9) Direct, take or transport, offer or agree to take or transport or aid or assist in transporting any person to any vehicle, conveyance, trailer, place, structure or building or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;
(10) Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited; or
(11) Aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both;
(2) for a second offense, must be fined not more than one thousand dollars or imprisoned not more than six months, or both;
(3) for a third or subsequent offense, must be fined not more than three thousand dollars or imprisoned not more than one year, or both.
(C) It is an affirmative defense to a prosecution for a violation of this section that, during the commission of the offense, the defendant was a victim of trafficking in persons as defined in Section 16-3-2010(10)."
SECTION 2. Section 16-15-100 of the 1976 Code is amended to read:
"Section 16-15-100. (A) It shall further be is unlawful to:
(1) procure or solicit for the purpose of prostitution;
(1)(2) Procure procure a female person to be an inmate for a house of prostitution;
(2)(3) Cause cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to remain an inmate of a house of prostitution;
(3)(4) Induce induce, persuade, or encourage a female person to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;
(4)(5) Receive receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female a person to become a prostitute or an inmate in a house of prostitution;
(5)(6) Accept accept or receive knowingly any money or other thing of value without consideration from a prostitute; or
(7) expose indecently the private person for the purpose of prostitution or other indecency;
(8) reside in, enter, or remain in a place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation, or prostitution;
(9) keep or set up a house of ill fame, brothel, or bawdyhouse;
(10) receive a person for purposes of lewdness, assignation, or prostitution into a vehicle, conveyance, trailer, place, structure, or building;
(11) permit a person to remain for the purpose of lewdness, assignation, or prostitution in a vehicle, conveyance, trailer, place, structure, or building;
(12) direct, take, or transport, offer or agree to take or transport, or aid or assist in transporting a person to a vehicle, conveyance, trailer, place, structure, or building, or to another person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation;
(13) lease, rent, or contract to lease or rent a vehicle, conveyance, trailer, place, structure, building, or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes prohibited by the provisions of this section;
(6)(14) Aid knowingly aid, abet, or participate knowingly in the doing of any of the acts herein prohibited in this section;
(15) knowingly use a business establishment or permit the business establishment to be used for any of the purposes prohibited in this section.
(B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined not less than two hundred fifty dollars and not more than one thousand dollars or imprisoned not more than thirty days, or both;
(b) for a second offense, must be fined not less than five hundred dollars and not more than three thousand dollars or imprisoned not more than six months, or both;
(c) for a third or subsequent offense, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars or imprisoned not more than one year, or both.
(2) A person who violates a provision of this section when the prostitute is severely or profoundly mentally disabled, is guilty of a felony and, upon conviction, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars or imprisoned not more than two years, or both.
(C) A business owner who violates the provisions of this section pursuant to subsection (A)(15), in addition to the penalties provided in this section, is also subject to the penalties provided in Section 16-3-2030 and Section 16-3-2090.
(D) In the discretion of the court, a person who violates the provisions of this section regarding procuring or soliciting a person for the purpose of prostitution, in addition to the penalties provided in this section, may be ordered to complete a program designed specifically for persons convicted of this particular offense. All costs associated with attendance and completion of such program are to be borne by the person convicted of the violation."
SECTION 3. Section 16-15-110 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on February 23, 2017 at 12:10 PM