The bill H. 3620 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 defines this offense and establishes penalties for individuals who knowingly produce, distribute, or possess such representations, which include various forms of visual depictions like drawings, cartoons, and photographs. The penalties for these offenses range from a minimum of two years to a maximum of ten years in prison, with specific provisions for minors charged under this section, allowing for family court adjudication and potential behavioral health counseling. Additionally, the bill clarifies that the existence of the depicted minor is not a required element for prosecution.

Furthermore, the bill amends the sex offender registry laws to include the new offense, ensuring that individuals convicted of producing or distributing obscene visual representations of child sexual abuse will be required to register as sex offenders. It also revises the criteria for terminating registration requirements, specifying the timeframes and conditions under which offenders may apply for removal from the registry. The bill emphasizes the importance of successful completion of treatment programs and the absence of further offenses as prerequisites for termination of registration. Overall, H. 3620 seeks to strengthen protections for children and enhance accountability for offenders in South Carolina.

Statutes affected:
12/12/2024: 16-15-390, 23-3-430, 23-3-462
Latest Version: 16-15-390, 23-3-430, 23-3-462