The bill S. 405 proposes an amendment to Section 16-3-85 of the South Carolina Code of Laws, which pertains to homicide by child abuse. The key change in this legislation is the increase in the age of a child, as defined in this section, 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 outlines the definitions of child abuse and neglect, specifying that harm to a child's health or welfare can occur through physical injury, lack of adequate care, or abandonment. The penalties for homicide by child abuse remain severe, with life imprisonment or a minimum of twenty years for the most serious offenses, and a maximum of twenty years for aiding and abetting. The bill emphasizes that a child's crying cannot be used as a mitigating circumstance in sentencing, ensuring that the focus remains on the severity of the crime. 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