H 4373 Session 111 (1995-1996)
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.
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