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H. 3935
STATUS INFORMATION
General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\ms\7261ahb07.doc
Introduced in the House on April 18, 2007
Currently residing in the House Committee on Judiciary
Summary: Indecent exposure
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/18/2007 House Introduced and read first time HJ-123 4/18/2007 House Referred to Committee on Judiciary HJ-123
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO CONCEALS HIS PERSON FROM VIEW AND HAS NO INTENT TO EXPOSE HIMSELF IN A LEWD OR LASCIVIOUS MANNER.
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 Act 269 of 2006, is further amended to read:
"Section 16-15-130. (A)(1) 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 another person on a street or highway.
(2) This subsection does not apply to a:
(a) woman who breastfeeds her own child in a public place, on property of others, to the view of any another person on a street or highway, or any other another place where a woman and her child are authorized to be. ; or
(b) person who conceals his person so that he is not in view of another person in a public place, on the property of others, or on a street or highway and who does not have the intent to expose his person in a lewd and lascivious manner.
(B) A person who violates the provisions of subsection (A)(1) 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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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