Committee Report

February 21, 2024

 

S. 877

 

Introduced by Senators Senn, Shealy, Gustafson, McLeod and Devine

 

S. Printed 02/21/24--S.                                                                          [SEC 2/22/2024 4:25 PM]

Read the first time January 09, 2024

 

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The committee on Senate Judiciary

To whom was referred a Bill (S. 877) to amend the South Carolina Code of Laws by adding Section 63-5-90 so as to define necessary terms, create the offense of luring a child into a conveyance, dwelling, etc., respectfully

Report:

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, SECTION 1, by striking Section 63-5-90(B)(1) and (2) and inserting:

    (B)(1) A person eighteen years of age or older who, with the intent to commit a crime, lures, entices, or attempts to lure or entice a child who is thirteen years of age or older into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:

           (a) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year; or

           (b) second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both.

       (2) A person eighteen years of age or older who, with the intent to commit a crime, lures, entices, or attempts to lure or entice a child who is under the age of thirteen years into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:

           (a) first offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years; or

           (b) second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

Amend the bill further, SECTION 1, by striking Section 63-5-90(C) and inserting:

    (C) Mistake of age is not a defense to prosecution pursuant to the provisions of this section.

 

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill makes it unlawful for a person aged eighteen or older to lure, entice, or attempt to lure or entice a child aged thirteen or older into a conveyance, dwelling, or structure without the express or implied consent of the child's parent or legal guardian.  This misdemeanor offense is punishable as follows:

 

PENALTY SCHEDULE FOR NEW MISDEMEANOR OFFENSE, SECTION 63-5-90(B)(1)

1st Offense                             Fine of ≤$500 or imprisonment for ≤1 year

2nd or Subsequent Offense      Fine of ≤$1,000 or imprisonment for ≤3 years, or both

 

The bill also makes it unlawful for a person aged eighteen or older to lure, entice, or attempt to lure or entice a child under the age of thirteen into a conveyance, dwelling, or structure without the express or implied consent of the child's parent or legal guardian.  This felony offense is punishable as follows:

 

PENALTY SCHEDULE FOR NEW FELONY OFFENSE, SECTION 63-5-90(B)(2)

1st Offense                           Fine of ≤$5,000 or imprisonment for ≤5 years

2nd or Subsequent Offense    Fine of ≤$10,000 or imprisonment for ≤10 years, or both

 

The bill provides that mistake of age is not a defense to prosecution unless the person committing the act reasonably believed the action was necessary to prevent injury to the child, he did so for a lawful purpose, or his actions were otherwise reasonable whereby he had no intent to harm the health, safety, or welfare of the child.  The penalties prescribed in the bill are to be applied in addition to other penalties for kidnapping or any other offense.  The offenses created by the bill are not considered lesser offenses of kidnapping of any other offense.

 

Judicial.  Judicial reports that implementation of the bill may result in an increase in general sessions court caseloads, which can be managed using existing staff and appropriations.  Therefore, the bill will result in no expenditure impact for Judicial.

 

Commission on Prosecution Coordination.  This bill creates two new offenses within the Children's Code to provide that it is unlawful to lure, entice, or attempt to lure or entice a child into a conveyance, dwelling, or structure without the consent of the child's parent or legal guardian.  The bill also establishes penalty schedules for the two new offenses.  This bill requires the Commission to perform activities that will be conducted in the normal course of agency business.  As a result, this bill does not have an expenditure impact on the agency.

 

Commission on Indigent Defense.  This bill creates two new offenses within the Children's Code to provide that it is unlawful to lure, entice, or attempt to lure or entice a child into a conveyance, dwelling, or structure without the consent of the child's parent or legal guardian.  The bill also establishes penalty schedules for the two new offenses.  The implementation of this bill will have no expenditure impact, as the Commission expects to manage any increase in caseloads within current resources. However, if this bill results in a significant increase in the workload, the agency will request an increase in General Fund appropriations.

 

Department of Corrections.  This bill may result in an increase in the number of inmates housed by the Department of Corrections.  No data are available to estimate the increase in the number of inmates that may be housed by Corrections.  According to Corrections, in FY 2022-23, the annual total cost per inmate was $37,758, of which $34,570 was state funded.  If this bill results in a substantial increase in incarcerations, Corrections will request an increase in General Fund Appropriations.

 

State Revenue

This bill may increase General Fund revenue from fines, as well as Other Funds revenue, due to the increase in fines and fees for the new offenses brought in general sessions courts.  However, as the number of such offenses that might occur in a given year is unknown, the revenue impact is undetermined.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-5-90 SO AS TO DEFINE NECESSARY TERMS, CREATE THE OFFENSE OF LURING A CHILD INTO A CONVEYANCE, DWELLING, OR STRUCTURE, AND PROVIDE A PENALTY AND DEFENSES TO PROSECUTION.

 

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

 

SECTION 1.  Chapter 5, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-5-90. (A) As used in this section, the term:

       (1) "Child" means a person under eighteen years of age.

       (2) "Conveyance" means any motor vehicle as defined in Section 56-1-10, ship, vessel, railroad car, trailer, aircraft, or sleeping car.

       (3) "Dwelling" means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by persons lodging together, including the surrounding area.

       (4) "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, including the surrounding area.

    (B)(1) A person eighteen years of age or older who lures, entices, or attempts to lure or entice a child who is thirteen years of age or older into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:

           (a) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year; or

           (b) second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both.

       (2) A person eighteen years of age or older who lures, entices, or attempts to lure or entice a child who is under the age of thirteen years into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:

           (a) first offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years; or

           (b) second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

    (C) Mistake of age is not a defense to prosecution pursuant to the provisions of this section. However, it is an affirmative defense to prosecution pursuant to the provisions of this section if the:

       (1) person reasonably believed that his action was necessary to prevent the child from sustaining serious injury;

       (2) person lured, enticed, or attempted to lure or entice, the child into the conveyance, dwelling, or structure for a lawful purpose; or

       (3) person's actions were otherwise reasonable under the circumstances and he did not have the intent to harm the health, safety, or welfare of the child.

    (D) The penalties provided in this section are in addition to other penalties as provided by law for kidnapping or any other offense, as warranted. The offense of luring a child is not intended to be a lesser included offense of kidnapping or any other offense.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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