Sexual Exploitation of a Minor, penalties, the official text

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A189, R204, H4804)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM PENALTY TO FIVE YEARS' IMPRISONMENT AND PROVIDE AN ADDITIONAL PENALTY FOR REGISTERED SEX OFFENDERS WHO VIOLATE THE STATUTE; BY AMENDING SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM PENALTY TO THREE YEARS' IMPRISONMENT AND PROVIDE AN ADDITIONAL PENALTY FOR REGISTERED SEX OFFENDERS WHO VIOLATE THE STATUTE; AND BY AMENDING SECTION 16-15-410, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO ESTABLISH PENALTIES BASED ON THE NUMBER OF IMAGES POSSESSED, INCLUDING A PENALTY OF UP TO TEN YEARS IF THERE ARE ONE TO TWENTY-FIVE IMAGES, ONE TO TEN YEARS IF THERE ARE TWENTY-SIX TO TWO HUNDRED FIFTY IMAGES, AND A PENALTY OF TWO TO TEN YEARS IF THERE ARE MORE THAN TWO HUNDRED FIFTY IMAGES; AND TO PROVIDE A MINIMUM PENALTY OF FIVE YEARS FOR A REGISTERED SEX OFFENDER WHO VIOLATES THE STATUTE.

Be it enacted by the General Assembly of the State of South Carolina:

Sexual exploitation of a minor, first degree, penalties

SECTION 1. Section 16-15-395 of the S.C. Code is amended to read:

Section 16-15-395. (A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:

(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation;

(2) permits a minor under his custody or control to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation;

(3) transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or

(4) records, photographs, films, develops, duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor or a morphed image of an identifiable minor engaged in sexual activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in a sexual activity or a state of sexually explicit nudity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.

(C) Mistake of age is not a defense to a prosecution pursuant to this section.

(D)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than five years nor more than twenty years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section must run consecutively with and commence at the expiration of another sentence being served by the person sentenced.

(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be sentenced for an additional five years.

(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A)(4) is a minor and the offense is the minor's first offense related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.

Sexual exploitation of a minor, second degree, penalties

SECTION 2. Section 16-15-405 of the S.C. Code is amended to read:

Section 16-15-405. (A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:

(1) records, photographs, films, develops, duplicates, produces, or creates digital electronic file material that contains a visual representation of a minor or a morphed image of an identifiable minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or

(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor or a morphed image of an identifiable minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.

(C) Mistake of age is not a defense to a prosecution pursuant to this section.

(D)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than three years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.

(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be imprisoned for a minimum sentence of five years.

(3) For any violation of the provisions of this section, no part of the minimum sentence may be suspended nor is the person convicted eligible for parole until he has served the minimum sentence.

(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A) is a minor and the offense is the minor's first charge related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.

Sexual exploitation of a minor, third degree, penalties

SECTION 3. Section 16-15-410 of the S.C. Code is amended to read:

Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor or a morphed image of an identifiable minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted as a minor through its title, text, visual representation, or otherwise, is a minor.

(C)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for:

(a) not more than ten years if the person possesses one to twenty-five or less visual representations or images;

(b) one to ten years if the person possesses twenty-six images to two hundred fifty visual representations or images; and

(c) two to ten years if the person possesses more than two hundred fifty visual representations or images.

(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be imprisoned for a minimum of five years.

(3) For any violation of the provisions of this section, no part of the minimum sentence may be suspended nor is the person convicted eligible for parole until he has served the minimum sentence.

(D) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation. The employee's official capacity in the course of such investigation or criminal proceeding includes making material available for inspection to the defendant's counsel in response to discovery requests.

(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A) is a minor and the offense is the minor's first charge related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.

Savings clause

SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2026.

Approved the 18th day of May, 2026.

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