summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Amending Section 16-15-375, Relating To Definitions Applicable To Certain Offenses Against Minors, So As To Define The Term "identifiable Minor"; By Amending Section 16-15-395, Relating To First Degree Sexual Exploitation Of A Minor, Section 16-15-405, Relating To Second Degree Sexual Exploitation Of A Minor, And Section 16-15-410, Relating To Third Degree Sexual Exploitation Of A Minor, All So As To Incorporate Identifiable Minors Into The Purview Of The Statute To Address Morphed Child Images; And By Amending Section 16-15-342, Relating To Criminal Solicitation Of A Minor, Section 16-15-387, Relating To Employment Of A Person Under Eighteen To Appear In Public In A State Of Sexually Explicit Nudity, Section 44-48-30, Relating To Definitions For Purposes Of The Sexually Violent Predator Act, And Section 23-3-430, Relating To The Sex Offender Registry, All So As To Make Conforming Changes.
AI Summary
This bill expands South Carolina's existing laws on sexual exploitation of minors to explicitly include "morphed" or artificially created child pornographic images. The bill introduces a new legal definition of an "identifiable minor" as a person who was a minor when an image was created or altered, and who is recognizable by their face, likeness, or distinguishing characteristics, even if their exact identity cannot be proven. The legislation modifies several sections of state law, including those related to first, second, and third-degree sexual exploitation of a minor, to incorporate this new definition. The changes mean that creating, distributing, possessing, or modifying digital images that appear to depict a minor in sexually explicit situations - even if the image is computer-generated or artificially altered - can now be prosecuted under child exploitation statutes. The bill maintains existing penalties, which range from two to twenty years in prison depending on the specific offense, and explicitly states that mistake of age is not a valid legal defense. The modifications aim to update legal language to address emerging digital technologies that can create realistic but fabricated images of minors in sexually explicit scenarios.
Committee Categories
Justice
Sponsors (6)
Brandon Guffey (R)*,
Gilda Cobb-Hunter (D),
Weston Newton (R),
Tommy Pope (R),
Bill Taylor (R),
Chris Wooten (R),
Last Action
Referred to Committee on Judiciary (on 01/14/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3043&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3043_20241205.htm |
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