The bill H. 3394 proposes an amendment to Section 16-3-85 of the South Carolina Code of Laws, which addresses homicide by child abuse. The key change in this legislation is the increase in the age of a child, as defined in the law, from under the age of eleven to under the age of eighteen. This adjustment broadens the scope of the law to include older minors, thereby enhancing the legal protections against child abuse and neglect that can lead to homicide.

Additionally, the bill maintains the existing definitions and penalties associated with homicide by child abuse, categorizing it as a felony. Convictions under the amended law would carry significant prison sentences, with life imprisonment or a minimum of twenty years for the most severe cases, and a maximum of twenty years or a minimum of ten years for those who aid and abet in such crimes. The bill emphasizes the importance of considering aggravating and mitigating circumstances during sentencing, while explicitly stating that a child's crying cannot be used as a mitigating factor. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 16-3-85
Latest Version: 16-3-85
12/06/2024: 16-3-85