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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 19, 2005
H. 3060
Introduced by Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough
S. Printed 4/19/05--H. [SEC 4/26/05 2:20 PM]
Read the first time January 11, 2005.
To whom was referred a Bill (H. 3060) to amend the Code of Laws of South Carolina, 1976, by adding Article 10 to Chapter 3, Title 16 so as to define the terms "blackmail", "commercial sexual activity", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-930. (A) A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aid, abets, attempts, or conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services and, upon conviction, must be imprisoned for not more than fifteen years.
(B) 'Forced labor or services' means any type of labor or services performed or provided by a person rendered through another person's exertion of physical, financial, or other means of control over the person providing the labor or services."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-930. As used in this article:
(1) 'blackmail', as defined in Section 16-17-640, also includes, but is not limited to, a threat to expose a secret tending to subject a person to hatred, contempt, or ridicule;
(2) 'commercial sexual activity' means a sex act for which anything of value is given, promised to, or received by a person;
(3) 'labor' means work of economic or financial value;
(4) 'sexually explicit performance' means a live performance or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons;
(5) 'services' means when a person performs activities under the supervision of or for the benefit of another person with whom he has an ongoing relationship and includes, but is not limited to, commercial sexual activity and sexually explicit performances; and
(6) 'forced labor or services' means labor or services which are performed or provided by a person and which are obtained or maintained through another person's:
(a) causing or threatening to cause harm to a person;
(b) physically restraining or threatening to physically restrain a person;
(c) abusing or threatening to abuse the law or legal process;
(d) knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or other immigration document, or other actual or purported government identification document of another person;
(e) blackmail; or
(f) causing or threatening to cause financial harm to or exerting financial control over a person.
Section 16-3-940. (A) A person who intentionally subjects another person to forced labor or services by:
(1) causing or threatening to cause physical harm to a person is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years;
(2) physically restraining or threatening to physically restrain a person is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years;
(3) abusing or threatening to abuse the law or legal process is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years;
(4) knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or other immigration document, or other actual or purported government identification document of another person is guilty of a felony and, upon conviction, must be imprisoned for not more than five years; or
(5) using blackmail, causing or threatening to cause financial harm, or exerting financial control over a person is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three years.
(B) A person who intentionally recruits, entices, harbors, transports, provides, or obtains by any means another person intending or knowing that the person will be subjected to forced labor or services is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.
(C) A person who benefits financially or receives anything of value as a direct result of his participation in a venture which violates the provisions of this section or Section 16-3-810 is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.
Section 16-3-950. A person found guilty of a violation of a provision of this article or Section 16-3-810 may have his sentence enhanced by five years if the victim suffers bodily injury or great bodily injury as a result of the violation.
Section 16-3-960. The court shall order restitution in an amount the court deems appropriate to the victim of an offense contained in this article or Section 16-3-810.
Section 16-3-970. (A) The Attorney General, in consultation with the Department of Social Services and the State Office of Victim Assistance, shall issue a report no later than one year after the effective date of this act outlining whether existing victims' rights laws meet the needs of victims of violations of this article and Section 16-3-810. The report must include specific social services programs and whether they respond adequately or fail to respond to the needs of these victims and provide suggestions for improvement and modification."
SECTION 2. Section 16-3-810 of the 1976 Code is amended to read:
"Section 16-3-810. (A) It is unlawful for any a person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance as defined in Section 16-3-800, commercial sexual activity, or a sexually explicit performance, both as defined in Section 16-3-930. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance, commercial sexual activity, or a sexually explicit performance.
(B) Any Except as provided in subsection (C), a person violating who violates the provisions of subsection (A) of this section is guilty of criminal sexual conduct of in the second degree and, upon conviction, shall must be punished as provided in Section 16-3-653.
(C) A person who violates the provisions of subsection (A) involving the use of overt force or the threat of overt force is guilty of criminal sexual conduct in the first degree and, upon conviction, must be punished as provided in Section 16-3-652."
SECTION 3. This act takes effect upon approval by the Governor.
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