The bill H. 3471 aims to amend the South Carolina Code of Laws to enhance the legal framework surrounding the sexual exploitation of minors, specifically addressing the issue of morphed child pornography. Key amendments include the introduction of the term "identifiable minor," which is defined as a minor whose image is recognizable due to distinct characteristics, and the incorporation of this definition into the existing statutes related to first, second, and third-degree sexual exploitation of minors. The bill seeks to clarify and expand the legal definitions and implications surrounding the creation, distribution, and possession of materials depicting minors in sexually explicit situations, particularly when such materials are altered or modified to appear as if an identifiable minor is involved.

Additionally, the bill outlines the penalties for violations of these provisions, categorizing offenses as felonies with specified minimum sentences. For first-degree offenses, individuals face imprisonment of three to twenty years, while second-degree offenses carry a penalty of two to ten years. Third-degree offenses involve possession of such materials and can result in up to ten years of imprisonment. The bill also emphasizes that a mistake of age is not a valid defense in prosecutions under these sections, reinforcing the seriousness of the offenses related to the exploitation of minors.

Statutes affected:
12/05/2024: 16-15-375, 16-15-395, 16-15-405, 16-15-410
Latest Version: 16-15-375, 16-15-395, 16-15-405, 16-15-410