Homicide by Child Abuse, the official text

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

(A101, R106, S405)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.

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

Homicide by Child Abuse, age of child increased

SECTION 1. Section 16-3-85 of the S.C. Code is amended to read:

Section 16-3-85. (A) A person is guilty of homicide by child abuse if the person:

(1) causes the death of a child under the age of eighteen while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eighteen.

(B) As used in this section:

(1) "Child abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare.

(2) "Harm" to a child's health or welfare occurs when a person:

(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;

(b) fails to supply the child with adequate food, clothing, shelter, or healthcare, and the failure to do so causes a physical injury or condition resulting in death; or

(c) abandons the child resulting in the child's death.

(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eighteen, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of March, 2026.

Approved the 9th day of March, 2026.

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