The Committee on Judiciary proposes the following amendment (SJ-4825.SW0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-3-910(A), (B), and (C) and inserting:

 Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 5, Title 63 of the S.C. Code is amended by adding:

 Section 63-5-90. (A) As used in this section, the term:
  (1) "Child" means a person under sixteen years of age.
  (2) "Conveyance" means any motor vehicle as defined in Section 56-1-10, ship, vessel, railroad car, trailer, aircraft, or sleeping car.
  (3) "Dwelling" means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by persons lodging together, including the surrounding area.
  (4) "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, including the surrounding area.
 (B) Unless the circumstances reasonably indicate that the child is in need of assistance, a person eighteen years of age or older who lures, entices, or attempts to lure or entice a child into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
 (C) Mistake of age is not a defense to prosecution pursuant to the provisions of this section. However, it is an affirmative defense to prosecution pursuant to the provisions of this section if the:
  (1) person lured, enticed, or attempted to lure or entice, the child into the conveyance, dwelling, or structure for a lawful purpose; or
  (2) person's actions were otherwise reasonable under the circumstances, and he did not have the intent to harm the health, safety, or welfare of the child.
 (D) The penalties provided in this section are in addition to other penalties as provided by law for kidnapping or any other offense, as warranted. The offense of luring a child is not intended to be a lesser included offense of kidnapping or any other offense.