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Bill > H3641


SC H3641

SC H3641
MPIC


summary

Introduced
01/14/2025
In Committee
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 Pursuant To Sections 16-15-385 Through 16-15-425, So As To Define "identifiable Minor" And "morphed Image"; By Amending Section 16-15-395, Relating To First Degree Sexual Exploitation Of A Minor, So As To Incorporate Morphed Images Of Identifiable Children Within The Purview Of This Section; By Amending Section 16-15-405, Relating To Second Degree Sexual Exploitation Of A Minor, So As To Incorporate Morphed Images Of Identifiable Children Within The Purview Of This Section; By Amending Section 16-15-410, Relating To Third Degree Sexual Exploitation Of A Minor, So As To Incorporate Morphed Images Of Identifiable Children Within The Purview Of This Section; By Amending Section 23-3-430, Relating To The Sex Offender Registry, So As To Incorporate Those Convicted Of Criminal Sexual Exploitation Of A Minor In The First, Second, Or Third Degree Within The Classification Of Tier Ii Offender; And By Amending Section 23-3-462, Relating To Termination Of Registration Requirements, So As To Clarify The Time After Which The Offender May Request Termination Of The Registration Requirement.

AI Summary

This bill updates South Carolina's laws related to sexual exploitation of minors by introducing new definitions and expanding legal provisions to include "morphed images" of identifiable children. Specifically, the bill defines a "morphed image" as a digitally altered visual representation that makes it appear an identifiable minor is engaging in sexually explicit conduct, and an "identifiable minor" as a person who was a minor when the image was created and is recognizable by distinct characteristics. The legislation amends existing statutes to incorporate morphed images into first, second, and third-degree sexual exploitation of a minor offenses, with a special provision that for minors creating such images on their first offense, the case will be handled in family court with potential behavioral health counseling. The bill also modifies the sex offender registry classifications, placing certain morphed image-related offenses under Tier I and Tier II categories, and clarifies the registration and potential removal requirements for offenders. Importantly, if a minor under 18 is charged with creating a morphed image of another identifiable minor, they would not be required to register as a sex offender. The legislation aims to address emerging digital threats to minors while providing nuanced legal approaches for handling such offenses.

Committee Categories

Justice

Sponsors (3)

Last Action

Member(s) request name added as sponsor: Schuessler (on 03/05/2025)

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