South Carolina General Assembly
115th Session, 2003-2004

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Bill 812

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-3-653, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE; AND TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE AND SECOND DEGREE.

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

SECTION    1.    Section 16-3-653 of the 1976 Code is amended to read:

"Section 16-3-653.    (1)    A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.

(2)    Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according to the discretion of the court.

(3)    Criminal sexual conduct in the second degree is a lesser included offense of criminal sexual conduct in the first degree."

SECTION    2.    Section 16-3-654 of the 1976 Code is amended to read:

"Section 16-3-654.    (1)    A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:

(a)    The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.

(b)    The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.

(2)    Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.

(3)    Criminal sexual conduct in the third degree is a lesser included offense of criminal sexual conduct in the first degree and criminal sexual conduct in the second degree."

SECTION    3.    This act takes effect upon approval by the Governor.

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