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 protections against child abuse and neglect that could lead to homicide.

Additionally, the bill maintains the definitions and penalties associated with homicide by child abuse, classifying it as a felony. It stipulates that individuals convicted under subsection (A)(1) may face life imprisonment or a minimum of twenty years, while those under subsection (A)(2) face a prison term of ten to twenty years. The bill also emphasizes that a child's crying cannot be used as a mitigating circumstance during sentencing, ensuring that the focus remains on the severity of the crime and the protection of children. 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