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 under this section 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 outlines the definitions of child abuse or neglect and specifies the penalties for those convicted of homicide by child abuse. A person found guilty of causing the death of a child under the age of eighteen while committing child abuse or neglect may face severe penalties, including life imprisonment or a minimum of twenty years, depending on the circumstances of the case. The legislation emphasizes the importance of considering aggravating and mitigating factors during sentencing, while explicitly stating that a child's crying cannot be used as a mitigating circumstance. 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