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 establishes definitions for key terms and outlines penalties for individuals who produce, distribute, or possess such obscene materials depicting minors in sexually explicit conduct. Specifically, offenders could face felony charges with imprisonment ranging from two to ten years, and minors charged under this section would be handled in family court, potentially receiving behavioral health counseling instead of traditional penalties. The bill also clarifies that the existence of the depicted minor is not a necessary element for prosecution.

Additionally, the bill amends existing laws related to the sex offender registry by including the new offense under the list of crimes that require registration. It modifies the criteria for termination of registration requirements, specifying the conditions under which offenders may apply for removal from the registry after a designated period, depending on their tier classification. The legislation emphasizes the importance of successful completion of treatment programs and prohibits individuals convicted of certain offenses from seeking termination of their registration. Overall, the bill seeks to strengthen protections for children and ensure that offenders are held accountable for their actions.

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