The bill H. 3045 aims to enhance the legal framework surrounding the production and distribution of obscene visual representations of child sexual abuse in South Carolina. It introduces a new offense under Section 16-15-390, defining "obscene" and "visual depiction or representation," and establishes penalties for individuals who knowingly produce, distribute, or possess such materials. The penalties include a felony charge with a minimum imprisonment of two years and a maximum of ten years for production and distribution, while possession carries a maximum sentence 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 the sex offender registry laws by adding the new offense of obscene visual representations of child sexual abuse to the list of offenses that require registration. It also clarifies the termination requirements for registration, including the introduction of Tier I and Tier II designations for out-of-state or federal convictions. The amendments to Sections 23-3-430 and 23-3-462 outline the criteria for offenders to apply for termination of their registration requirements after a specified period, contingent upon successful completion of treatment programs and absence of further offenses.
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