The bill H. 3045 aims to enhance the legal framework surrounding the offense of obscene visual representations of child sexual abuse in South Carolina. It introduces a new section, 16-15-390, which defines the offense and establishes penalties for individuals who knowingly produce, distribute, or possess obscene visual depictions of minors engaged in sexually explicit conduct. The penalties include a felony charge with a minimum imprisonment of two years and a maximum of ten years for production or distribution, while possession with intent to distribute also carries a felony charge with a maximum of ten years. Additionally, the bill stipulates that if a minor is charged under this section, the case will be handled as a misdemeanor in family court, provided the minor has no prior adjudications.

Furthermore, the bill amends existing laws related to the sex offender registry by adding the new offense to the list of crimes that require registration. It also clarifies the termination requirements for offenders on the registry, introducing tier designations for out-of-state or federal convictions. The amendments to sections 23-3-430 and 23-3-462 outline the criteria for Tier I and Tier II offenders and the process for applying for termination of registration requirements after a specified period, contingent upon successful completion of treatment programs and absence of further offenses. Overall, the bill seeks to strengthen protections against child exploitation and streamline the management of sex offender registration.

Statutes affected:
12/05/2024: 16-15-390, 23-3-430, 23-3-462
03/20/2025: 16-15-390, 23-3-430, 23-3-462
03/25/2025: 16-15-390, 23-3-430, 23-3-462
04/02/2025: 16-15-390, 23-3-430, 23-3-462
04/04/2025: 16-15-390, 23-3-430, 23-3-462
Latest Version: 16-15-390, 23-3-430, 23-3-462
12/06/2024: 16-15-390, 23-3-430, 23-3-462