The bill S. 28 aims to enhance the legal framework surrounding child sexual abuse in South Carolina by introducing a new offense related to obscene visual representations of child sexual abuse. It establishes Section 16-15-390, which defines the offense and outlines penalties for individuals who knowingly produce, distribute, or possess such obscene visual depictions involving minors. The penalties include a felony charge with a minimum imprisonment of two years and a maximum of ten years for production or distribution, while possession without intent to distribute carries a maximum of ten years. Additionally, the bill specifies that if the offender is a minor with no prior adjudications, the case will be handled as a misdemeanor in family court, allowing for behavioral health counseling as a potential condition of adjudication.

Furthermore, the bill amends the existing sex offender registry laws by adding the new offense to the list of crimes that require registration under Section 23-3-430. It also makes conforming changes to Section 23-3-462 regarding the termination of registration requirements. Notably, the bill clarifies that it is not necessary for the depicted minor to actually exist for the offense to apply, and it provides exemptions for law enforcement officials acting within their official capacity. The act will take effect upon approval by the Governor.

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