The bill H. 3046 seeks to enhance protections for minors against sexual exploitation in South Carolina by amending various sections of the Code of Laws. It introduces new definitions for "identifiable minor" and "morphed image" in Section 16-15-375, establishing that an identifiable minor is someone recognizable in visual depictions. The bill classifies the creation, distribution, or possession of morphed images of identifiable minors as first, second, and third-degree sexual exploitation offenses in Sections 16-15-395, 16-15-405, and 16-15-410, respectively. Additionally, it allows minors charged with these offenses to be adjudicated in family court for their first offense, potentially ordering behavioral health counseling.

Moreover, the bill revises sex offender registration requirements, designating individuals guilty of criminal exploitation of a minor as Tier II offenders and setting stricter criteria for termination of registration for Tier III offenders. It specifies that adult offenders cannot request termination unless they meet certain conditions, such as completing required treatment programs and having no recent convictions for failure to register. The bill also clarifies prohibitions against criminal solicitation of minors and the employment of minors in sexually explicit situations, ensuring that it is unlawful to contact minors for sexual activities or to employ them in public nudity. A severability clause is included to maintain the validity of the remaining provisions if any part is deemed unconstitutional.

Statutes affected:
12/05/2024: 16-15-375, 16-15-395, 16-15-405, 16-15-410, 23-3-430, 23-3-462, 16-15-342, 16-15-387, 44-48-30
02/26/2025: 16-15-375, 16-15-395, 16-15-405, 16-15-410, 23-3-430, 23-3-462, 16-15-342, 16-15-387, 44-48-30
02/27/2025: 16-15-375, 16-15-395, 16-15-405, 16-15-410, 23-3-430, 23-3-462, 16-15-342, 16-15-387, 44-48-30
Latest Version: 16-15-375, 16-15-395, 16-15-405, 16-15-410, 23-3-430, 23-3-462, 16-15-342, 16-15-387, 44-48-30
12/06/2024: 16-15-375, 16-15-395, 16-15-405, 16-15-410, 23-3-430, 23-3-462, 16-15-342, 16-15-387, 44-48-30