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, as defined in the statute, 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. Specifically, it stipulates that individuals found guilty of causing the death of a child under the age of eighteen while committing child abuse may face life imprisonment or a minimum of twenty years, depending on the circumstances. The legislation emphasizes the seriousness of child abuse cases and the need for appropriate sentencing, while also clarifying that a child's crying cannot be used as a mitigating factor in such cases. 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