The bill S. 405 proposes an amendment to Section 16-3-85 of the South Carolina Code of Laws, which addresses homicide by child abuse. The key change in this legislation is the increase in the age of a child, as defined in the law, from under the age of eleven to under the age of eighteen. This adjustment broadens the scope of the law to include older minors, thereby enhancing the legal protections against child abuse and neglect that can lead to homicide.

Additionally, the bill maintains the existing definitions and penalties associated with homicide by child abuse, which remains classified as a felony. Convictions under this law can result in significant prison sentences, with life imprisonment or a minimum of twenty years for the most severe cases. The bill also stipulates that judges must consider aggravating and mitigating circumstances during sentencing, although a child's crying is explicitly stated not to be considered a mitigating factor. The act will take effect upon approval by the Governor.

Statutes affected:
03/04/2025: 16-3-85
03/26/2025: 16-3-85
Latest Version: 16-3-85