Indicates Matter Stricken

Indicates New Matter

 

Amended

February 5, 2026

 

S. 405

 

Introduced by Senators Alexander and Martin

 

S. Printed 2/5/26--H.

Read the first time April 3, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 16-3-85 of the S.C. Code is amended to read:

 

    Section 16-3-85. (A) A person is guilty of homicide by child abuse if the person:

       (1) causes the death of a child under the age of elevensixteen while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life;  or

       (2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of elevensixteen.

    (B) For purposes of this section, the following definitions applyAs used in this section:

       (1) "child "Child abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare;.

       (2) "harm" "Harm" to a child's health or welfare occurs when a person:

           (a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;

           (b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death;  or

           (c) abandons the child resulting in the child's death.

    (C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

       (1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years;  or

       (2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

    (D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven eighteen, and any mitigating circumstances;  however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

    (E) A person who violates the provisions of this section and the child is under the age of eighteen and suffers from an intellectual or related disability pursuant to Chapter 20, Title 44, must be punished in accordance with the provisions of this section. 

 

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

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