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Committee Amendment Adopted and Amended

March 9, 2023

S. 142

Introduced by Senators Shealy, Gustafson, Goldfinch, Hutto, Jackson, Campsen, McLeod and Setzler

 

S. Printed 03/09/23--S.                                                                        [SEC 3/13/2023 12:23 PM]

Read the first time January 10, 2023

 

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A bill

 

to amend the South Carolina Code of Laws by amending Section 16-3-2010, relating to the definition of "sex trafficking", so as to expand the definition to include sexual exploitation of a minor and promoting or participating in prostitution of a minor; and by amending Section 16-3-2020, relating to Trafficking in persons, penalties, minor victims AND defenses, SO AS to provide that a sex trafficking victim may raise duress and COERCION as an affirmative defense to nonviolent offenses committed as a direct result or incident to the trafficking, to provide that a minor sex trafficking victim may not be convicted for nonviolent offenses committed as a direct result or incident to the trafficking, and to provide that a minor sex trafficking victim cannot be found in violation of or be the subject of a DELINQUENCY petition if the minor's conduct was a direct result of or incidental to or related to trafficking; and so as to provide that the provisions in this act are retroactive.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 16-3-2010(7) of the S.C. Code is amended to read:

 

    (7) "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by any person:

       (a) criminal sexual conduct pursuant to Section 16-3-651;

       (b) criminal sexual conduct in the first degree pursuant to Section 16-3-652;

       (c) criminal sexual conduct in the second degree pursuant to Section 16-3-653;

       (d) criminal sexual conduct in the third degree pursuant to Section 16-3-654;

       (e) criminal sexual conduct with a minor pursuant to Section 16-3-655;

       (f) engaging a child for sexual performance pursuant to Section 16-3-810;

       (g) producing, directing, or promoting sexual performance by a child pursuant to Section 16-3-820;

       (h) sexual battery pursuant to Section 16-3-651;

       (i) sexual conduct pursuant to Section 16-3-800; or

       (j) sexual performance pursuant to Section 16-3-800;

       (k) sexual exploitation of a minor pursuant to Section 16-15-395, 16-15-405, or 16-15-410; or

       (l) promoting or participating in prostitution of a minor pursuant to Section 16-15-415 or 16-15-425.

 

SECTION 2.  Sections 16-3-2020(F) and (G) of the S.C. Code are amended to read:

 

    (F) In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking.  A victim of trafficking in persons convicted of a violation of this article, or prostitution, or any other nonviolent offense may motion the court to vacate the conviction and expunge the record of the conviction for a nonviolent offense committed by a minor as a direct result of, or incidental or related to, trafficking.  The court may grant the motion on a finding by a preponderance of evidence that the person's participation was a direct result of being a victim. , or incidental or related to, trafficking. An alleged victim of trafficking who files a motion to vacate a conviction and expunge the record pursuant to this subsection must file reasonable notice of the motion with the original prosecuting agency for the underlying offense and reasonable notice must be given or attempted to be given to any victims pursuant to the Victim's Bill of Rights. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. The affirmative defense may be raised only in cases where the victim was a minor at the time he committed the offense.

    (G) If the victim was a minor under the age of eighteen at the time of the offense, the victim of trafficking in persons may not be prosecuted in court or pursuant to or have a delinquency petition filed against him for a violation of this article, for a prostitution offense, or for any other nonviolent offense if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking.  For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. A person under the age of eighteen who is a victim of trafficking in persons in violation of this title shall not be found in violation of or be the subject of a delinquency petition if it is determined after investigation that the victim's conduct was a direct result of, or incidental or related to, trafficking.

 

SECTION 3.  The rights delineated under SECTION 2 of this act shall apply retroactively.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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