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H. 4395
STATUS INFORMATION
General Bill
Sponsors: Rep. E.H. Pitts
Document Path: l:\council\bills\ms\7416ahb08.doc
Companion/Similar bill(s): 4324
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Criminal sexual conduct
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2007 House Prefiled
12/12/2007 House Referred to Committee on Judiciary
1/8/2008 House Introduced and read first time HJ-59
1/8/2008 House Referred to Committee on Judiciary HJ-59
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO DELETE THE EXCEPTION FROM PROSECUTION FOR CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE WHEN THE PERSON IS EIGHTEEN YEARS OF AGE OR LESS AND THE VICTIM IS AT LEAST FOURTEEN AND TO DELETE THE PROVISION THAT MISTAKE OF AGE MAY BE USED AS A DEFENSE TO CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE; AND TO AMEND SECTION 23-3-540, AS AMENDED, RELATING TO ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO MAKE CONFORMING AMENDMENTS TO REMOVE EXCEPTIONS FROM ELECTRONIC MONITORING REQUIREMENTS OF PERSONS WHO COMMIT CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE WHEN THE OFFENDER IS EIGHTEEN YEARS OF AGE OR LESS AND THE VICTIM IS AT LEAST FOURTEEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense."
SECTION 2. Section 23-3-540(G) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(G) This section applies to a person who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with a minor in the first degree (Section 16-3-655(A));
(b) criminal sexual conduct with a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from illicit consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not required to be electronically monitored pursuant to the provisions of this section;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent; or
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor, except that the provisions of this item may not be construed to apply to a person eighteen years of age or less who engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age as provided in Section 16-3-655(B)(2)."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
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