Bill > S0028

This bill amends South Carolina law to create a new criminal offense related to obscene visual representations of child sexual abuse. Specifically, it makes it a felony to knowingly produce, distribute, solicit, or possess with intent to distribute visual depictions of minors engaging in sexually explicit conduct that are deemed obscene, with potential imprisonment of up to ten years. The bill defines "visual depiction" broadly to include digital images, photographs, films, and other electronic representations. For minors who commit such offenses, the bill treats the crime as a misdemeanor handled by family court, potentially including behavioral health counseling. The legislation also adds this offense to the state's sex offender registry, classifying it as a Tier I offense, with some exceptions for minors adjudicated in family court. Importantly, the law specifies that it does not require proof that the minor in the depiction actually exists and provides exemptions for law enforcement and telecommunications service providers acting in official capacities. The bill requires that arrest warrants for this offense can only be issued following a grand jury indictment or a probable cause finding by the Internet Crimes Against Children Task Force in conjunction with the Attorney General's office. Additionally, the bill mandates that the State Department of Education develop and implement educational policies to notify students about these provisions, with a required report to be filed by July 1, 2026.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=28&session=126&summary=B