The bill S. 28 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 knowingly produce, distribute, or possess such obscene visual depictions involving minors. Specifically, those convicted of these offenses face felony charges with mandatory minimum sentences, while minors charged under this section may be adjudicated in family court and required to undergo behavioral health counseling. Additionally, the bill clarifies that the existence of the depicted minor is not a necessary element for prosecution.
Furthermore, the bill amends existing laws related to the sex offender registry by adding the new offense to the list of crimes that require registration. It also makes conforming changes to the termination of registration requirements for offenders. Notably, the bill specifies that minors adjudicated under this new offense are not required to register as sex offenders. The legislation is designed to strengthen protections for children and ensure that those who exploit them through obscene representations are held accountable.
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
Latest Version: 16-15-390, 23-3-430, 23-3-462