The bill H. 3390 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 maintains the definitions of child abuse and neglect, as well as the penalties for those convicted of homicide by child abuse. The penalties remain severe, with life imprisonment or a minimum of twenty years for those found guilty of causing the death of a child under the age of eighteen while committing child abuse or neglect. The bill also stipulates that judges must consider aggravating and mitigating circumstances during sentencing, 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