H 4373 General Bill, By Fair, Easterday, Haskins, R.J. Herdklotz and Vaughn
 A Bill to amend Section 16-15-130, as amended, Code of Laws of South Carolina,
 1976, relating to indecent exposure, so as to prohibit nudity and to define
 nudity.

   12/20/95  House  Prefiled
   12/20/95  House  Referred to Committee on Judiciary
   01/09/96  House  Introduced and read first time HJ-70
   01/09/96  House  Referred to Committee on Judiciary HJ-70

A BILL

TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO PROHIBIT NUDITY AND TO DEFINE NUDITY.

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

SECTION 1. Section 16-15-130 of the 1976 Code, as last amended by Section 180, Act 184 of 1993, is further amended to read:

"Section 16-15-130. It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. It is unlawful for a person to knowingly or intentionally appear in a state of nudity in a public place, on property of others, or to the view of a person on a street or highway.

(1) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than twenty-five hundred dollars for a first offense. For a second and subsequent offense, he must be imprisoned not more than six months.

(2) A business that violates the provisions of this section by permitting a person to knowingly or intentionally appear in a state of nudity is guilty of a misdemeanor. Upon conviction, any license issued by the Department of Revenue and Taxation is suspended for one year and the business must be fined not less than one thousand dollars nor more than twenty-five hundred dollars. For a second and subsequent offense, a license issued by the department is revoked and the business must be fined not less than twenty-five hundred dollars nor more than five thousand dollars.

`Nudity' means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state."

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