Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

March 9, 2023

S. 145

Introduced by Senators Shealy, Goldfinch, Hutto, Jackson, Campsen, McLeod and Senn

S. Printed 03/09/23--S.                                                                          [SEC 3/13/2023 3:08 PM]

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by amending Section 16-15-90, relating to Prostitution, lewdness, assignation, and prostitution generally, so as to INCREASE THE PENALTIES FOR SOLICITATION OF PROSTITUTION, ESTABLISHING OR KEEPING A BROTHEL OR HOUSE OF PROSTITUTION, OR CAUSING OR INDUCING ANOTHER TO PARTICIPATE IN PROSTITUTION, TO ESTABLISH THE AFFIRMATIVE DEFENSE OF BEING A VICTIM OF HUMAN TRAFFICKING, AND TO INCREASE THE PENALTIES FOR SOLICITING, CAUSING, OR INDUCING ANOTHER FOR OR INTO PROSTITUTION IF THE PROSTITUTE HAS A MENTAL DISABILITY; and by repealing Section 16-15-100, relating to Prostitution, further unlawful acts.

    Amend Title To Conform

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

SECTION 1.  Section 16-15-90 of the S.C. Code is amended to read:

    Section 16-15-90.  (A) It shall be unlawful to:

       (1) Engage engage in prostitution or offer oneself for the purpose of prostitution;

       (2) Aid or abet prostitution knowingly;

       (3) Procure or solicit for the purpose of prostitution;

       (4) Expose expose indecently the private person for the purpose of prostitution or other indecency; or

       (5) Reside in, enter or remain in any place, structure, building, vehicle, trailer or conveyance for the purpose of lewdness, assignation or prostitution;

       (6) Keep or set up a house of ill fame, brothel or bawdyhouse;

       (7) Receive any person for purposes of lewdness, assignation or prostitution into any vehicle, conveyance, trailer, place, structure or building;

       (8) Permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, trailer, place, structure or building;

       (9) Direct, take or transport, offer or agree to take or transport or aid or assist in transporting any person to any vehicle, conveyance, trailer, place, structure or building or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;

       (10)Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited; or

       (3) aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.

    (B) A person who violates this section is guilty of a misdemeanor and, upon conviction:

       (1) for a first offense, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both;

       (2) for a second offense, must be fined not more than one thousand dollars, imprisoned not more than six months, or both; and

       (3) for a third or subsequent offense, must be fined not more than three thousand dollars, imprisoned not more than one year, or both.

    (C) It is an affirmative defense to a prosecution for a violation of this section subject to the requirements of Section 16-3-2020(F) if, during the commission of the offense, the defendant was a victim of trafficking in persons as defined by Section 16-3-2010(9).

    (D) Notwithstanding the other provisions of this section, a minor under the age of eighteen at the time of an incident may not be prosecuted pursuant to this section.

SECTION 2.  Section 16-15-100 of the S.C. Code is amended to read:

    Section 16-15-100. (A) It shall further be unlawful to:

       (1) procure or solicit a person for the purpose of prostitution;

       (1)(2) Procure procure a female person to be an inmate for a house of prostitution;

       (2)(3) Cause cause, induce, persuade, or encourage by promise