The bill S. 28 aims to enhance the legal framework surrounding child sexual abuse in South Carolina by introducing the offense of "obscene visual representations of child sexual abuse." It establishes definitions for key terms and outlines penalties for individuals who produce, distribute, or possess such obscene visual depictions involving minors. Specifically, those convicted of these offenses face felony charges with mandatory minimum sentences of two years, while minors charged under this section may be adjudicated in family court and required to undergo behavioral health counseling. Additionally, the bill clarifies that the existence of a depicted minor is not a necessary element for prosecution.

Furthermore, the bill amends the sex offender registry laws to include the new offense of obscene visual representations of child sexual abuse, thereby categorizing it as a Tier I offense. It also makes conforming changes to the termination of registration requirements for offenders. The legislation stipulates that individuals who have been convicted of this new offense will be subject to the same registration and potential removal processes as other sex offenders, ensuring a comprehensive approach to addressing and penalizing child sexual exploitation. The act will take effect upon the Governor's approval.

Statutes affected:
12/11/2024: 16-15-390, 23-3-430, 23-3-462
02/05/2025: 16-15-390, 23-3-430, 23-3-462
02/05/2025-A: 16-15-390, 23-3-430, 23-3-462
02/06/2025: 16-15-390, 23-3-430, 23-3-462
02/11/2025: 16-15-390, 23-3-430, 23-3-462
02/12/2025: 16-15-390, 23-3-430, 23-3-462
02/13/2025: 16-15-390, 23-3-430, 23-3-462
04/30/2025: 16-15-390, 23-3-430, 23-3-462
05/01/2025: 16-15-390, 23-3-430, 23-3-462
05/02/2025: 16-15-390, 23-3-430, 23-3-462
05/06/2025: 16-15-390, 23-3-430, 23-3-462
05/08/2025: 16-15-390, 23-3-430, 23-3-462
Latest Version: 16-15-390, 23-3-430, 23-3-462