Bill > H3045

This bill amends South Carolina law to create a new criminal offense related to obscene visual representations of child sexual abuse. Specifically, the bill defines "obscene visual depiction" broadly to include digital images, photographs, videos, and other media that depict a minor engaging in sexually explicit conduct. The legislation establishes significant criminal penalties, with individuals who produce, distribute, receive, or possess such obscene materials facing felony charges punishable by two to ten years in prison. Notably, the law applies even if the minor depicted is not a real person. For minors who commit the offense, it is treated as a misdemeanor handled by family court, with potential behavioral health counseling. The bill also updates the state's sex offender registry to include this new offense, categorizing it as a Tier I offense, with some exceptions for minors adjudicated in family court. Additionally, the bill provides specific exemptions for law enforcement, prosecution, and telecommunications service providers acting in their official capacities. The legislation includes provisions allowing certain offenders to potentially terminate their registration requirements after specified periods of time, depending on their tier classification and criminal history.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3045&session=126&summary=B