H 3792 General Bill, By Fair
 A Bill to amend Section 16-15-410, Code of Laws of South Carolina, 1976,
 relating to third degree sexual exploitation of a minor, so as to provide that
 mistake of age is not a defense to this offense.

   03/14/95  House  Introduced and read first time HJ-130
   03/14/95  House  Referred to Committee on Judiciary HJ-130

A BILL

TO AMEND SECTION 16-15-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE THAT MISTAKE OF AGE IS NOT A DEFENSE TO THIS OFFENSE.

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

SECTION 1. Section 16-15-410 of the 1976 Code, as added by Act 73 of 1991, is amended to read:

"Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of 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 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) Mistake of age is not a defense to a prosecution under this section.

(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years."

SECTION 2. This act takes effect upon approval by the Governor.