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 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. Convictions under this law can result in 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 legislation 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 bill will take effect upon the Governor's approval.

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