2005-2006 Bill 871: Sex Offenses Involving a Minor - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

S. 871

STATUS INFORMATION

General Bill

Sponsors: Senators Knotts, Hawkins, Grooms, Alexander, Williams, Gregory, Short, Ritchie, Cleary, Cromer, Ford, Courson, Elliott, Moore, Thomas, Campsen, Verdin, Richardson, Leatherman, Setzler, Hutto, Hayes, McGill, Mescher, Bryant, O'Dell, McConnell, Leventis, Peeler, Martin, Land, Ryberg, Fair, Lourie, Scott and Sheheen

Document Path: l:\council\bills\ms\7524ahb05.doc

Companion/Similar bill(s): 4144

Introduced in the Senate on May 19, 2005

Currently residing in the Senate Committee on Judiciary

Summary: Sex offenses involving a minor

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

5/19/2005SenateIntroduced and read first time SJ4

5/19/2005SenateReferred to Committee on JudiciarySJ4

6/7/2005SenateReferred to Subcommittee: Hawkins (ch), Cromer, Sheheen, Lourie

VERSIONS OF THIS BILL

5/19/2005

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 163750 SO AS TO PROVIDE THAT A PERSON CURRENTLY INCARCERATED BY THE DEPARTMENT OF CORRECTIONS FOR CERTAIN SEX OFFENSES INVOLVING A MINOR WHO IS RELEASED ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION OR A PERSON CURRENTLY ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION FOR CERTAIN SEX OFFENSES INVOLVING A MINOR MUST BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON IS REQUIRED TO BE UNDER SUPERVISION AND TO PROVIDE THAT A PERSON WHO VIOLATES A TERM OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION MUST BE REQUIRED BY THE COURT TO BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON REMAINS ON THE SEX OFFENDER REGISTRY IN ADDITION TO OTHER APPROPRIATE ACTION BY THE COURT; BY ADDING SECTION 1615450 SO AS TO ADD THAT A PERSON WHO VIOLATES A PROVISION RELATING TO CHILD EXPLOITATION ALSO MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE; BY ADDING SECTION 233540 SO AS TO ESTABLISH THE OFFENSE OF ASSISTING OR HARBORING AN UNREGISTERED SEX OFFENDER AND TO PROVIDE A PENALTY; BY ADDING SECTION 2421435 SO AS TO DEFINE THE TERM “ACTIVE ELECTRONIC MONITORING DEVICE”, TO ESTABLISH THE OFFENSE OF TAMPERING WITH AN ACTIVE ELECTRONIC MONITORING DEVICE OR AN APPROVED ELECTRONIC MONITORING DEVICE, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16320, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 163652, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE FIRST DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 163653 RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE A PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 163656, RELATING TO ASSAULTS WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT A PERSON CONVICTED OF ASSAULT WITH INTENT TO COMMIT A CRIMINAL DOMESTIC VIOLENCE OFFENSE WHO IS REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY AND THE VICTIM IS A MINOR, THE PERSON’S SENTENCE MUST INCLUDE THAT HE BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME HE IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 163810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, AND SECTION 163820, RELATING TO PRODUCING, DIRECTING, OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD, BOTH SO AS TO REQUIRE THAT IN ADDITION TO OTHER PENALTIES THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 163910, RELATING TO KIDNAPPING, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON CONVICTED OF KIDNAPPING, IF THE VICTIM IS UNDER THE AGE OF EIGHTEEN AND THE PERSON IS NOT A PARENT, MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 161520, RELATING TO INCEST, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 1615140, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 1615342, RELATING TO CRIMINAL SOLICITATION OF A MINOR, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 233460, AS AMENDED, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; AND TO AMEND SECTION 233530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL.

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

SECTION1.This act may be cited as the “Sex Offender Accountability and Protection of Minors Act of 2005”.

SECTION 2.Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

“Section 163750.(A)Notwithstanding another provision of law, a person incarcerated or on probation, parole, or community supervision on or after the effective date of this section, upon release on probation, parole, or community supervision must be monitored with an active electronic monitoring device as defined in Section 2421435(A) for the duration of the period of supervision, if he:

(1)was serving a sentence pursuant to a conviction of a sex offense involving a minor pursuant to the provisions of Section 163655, 163810, 163820, 163656, 163910, 161520, 1615140, or 1615342; and

(2) is required to be registered on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23.

(B)Notwithstanding another provision of law and in addition to other terms, conditions, or penalties imposed by the court, a person who violates a term of probation, parole, or community supervision on or after the effective date of this section, must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) for the duration of the period of time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23, if he:

(1)was released on probation, parole, or community supervision pursuant to a conviction of a sex offense involving a minor pursuant to the provisions of Section 163655, 163810, 163820, 163656, 163910, 161520, 1615140, or 1615342; and

(2) is required to be registered on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23.”

SECTION3.Article 3, Chapter 15, Title 16 of the 1976 Code is amended by adding:

“Section 1615450.Notwithstanding another provision of law, a person convicted of a violation of this article involving a minor, in addition to the penalties otherwise provided, must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) for the duration of the time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23, except when the person is incarcerated by the Department of Corrections.”

SECTION4.Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:

“Section 233540.(A)A person who has reason to believe that a person required to register pursuant to the provisions of this article is not complying or has not complied with the requirements of this article, with the intent to assist the person required to register in eluding a law enforcement agency, is guilty of the offense of assisting or harboring an unregistered sex offender, if he:

(1)withholds information from, or does not notify, the law enforcement agency of the noncompliance of the provisions of this article by the person required to register and, if known, the location of this person;

(2)harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the person required to register;

(3)conceals, attempts to conceal, or assists another in concealing or attempting to conceal the person required to register; or

(4)provides information known to be false to a law enforcement agency regarding the person required to register.

(B)A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.”

SECTION5.Article 5, Chapter 21, Title 24 of the 1976 Code is amended by adding:

“Section 2421435.(A)As used in this section, ‘active electronic monitoring device’ means a mechanism utilized by the Department of Probation, Parole and Pardon Services in conjunction with a system that actively monitors and identifies the offender’s location and timely reports or records the offender’s presence near or within a crime scene or in a prohibited area or the offender’s departure from specified geographic limitations and may include, but is not limited to, a global positioning system satellite surveillance method.

(B)A person who intentionally alters, tampers with, damages, or destroys an active electronic monitoring device as defined in subsection (A) or an approved electronic monitoring device as defined in Section 24131520(3) is guilty of the felony offense of tampering with an active electronic monitoring device or an approved electronic monitoring device and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.

(C) The provisions of subsection (B) do not apply to the owner of the devices provided in subsection (B) or to an agent of the owner performing maintenance and repairs to these devices.”

SECTION6.Section 16320(C)(a) of the 1976 Code, as last amended by Act 224 of 2002, is further amended by adding an appropriately numbered item to read:

“( )The murder was committed by a person deemed a sexually violent predator pursuant to the provisions of Chapter 48, Title 44 or a person deemed a sexually violent predator who is released pursuant to Section 4448120.”

SECTION7.Section 163652 of the 1976 Code is amended to read:

“Section 163652.(1)(A)A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven, the:

(a)(1)The actor uses aggravated force to accomplish sexual battery.;

(b)(2)The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any otheranother similar offense or act.; or

(c)(3)The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or anyan intoxicating substance.

(2)(B)Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according toin the discretion of the court, except as provided in subsections (C) and (D).

(C)A person convicted of a violation of Section 163655(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twentyfive years, no part of which may be suspended or probation granted, or must be imprisoned for life. For purposes of this subsection, life means until death.

(D)A person sentenced to a mandatory minimum of twentyfive years pursuant to the provisions of subsection (C) also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23.”

SECTION8.Section 163653 of the 1976 Code is amended to read:

“Section 163653.(1)(A)A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.

(2)(B)Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according toin the discretion of the court, except as provided in subsections (C) and (D).

(C)A person convicted of a violation of Section 163655(2) and (3) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years.

(D)A person sentenced pursuant to the provisions of subsection (C) who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION9.Section 163656 of the 1976 Code is amended to read:

“Section 163656.Assault with intent to commit criminal sexual conduct described in the above sections shall beis punishable as if the criminal sexual conduct was committed, and if the person is required to register pursuant to Article 7, Chapter 3, Title 23 and the victim is a minor, the person’s sentence must include that he be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION10.Section 163810 of the 1976 Code is amended to read:

“Section 163810.(a)(A)It is unlawful for anya person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.

(b)(B)AnyA person violatingwho violates the provisions of subsection (a) of this section(A) is guilty of criminal sexual conduct ofin the second degree and, upon conviction,shallmust be punished as provided in Section 163653.

(C)In addition to the penalties provided in Section 163653, a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION11.Section 163820 of the 1976 Code is amended to read:

“Section 163820.(a)(A)It is unlawful for anya person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.

(b)(B)AnyA person violatingwho violates the provisions of subsection (a) of this section(A) is guilty of criminal sexual conduct ofin the third degree and, upon conviction,shallmust be punished as provided in Section 163654.

(C)In addition to the penalties provided in Section 163654, a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION12.Section 163910 of the 1976 Code is amended to read:

“Section 163910.(A)Whoever shallA person who unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carryseizes, confines, inveigles, decoys, kidnaps, abducts, or carries away any otheranother person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceednot more than thirty years unless sentenced for murder as provided in Section 16320.

(B)In addition to the penalty provided in subsection (A), a person convicted of a violation of this section who is required to register pursuant to the provisions of Section 233430 (C) (16) also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION13.Section 161520 of the 1976 Code is amended to read:

“Section 161520.(A)Any personsIt is unlawful for a personwho shallto have carnal intercourse with each otheranother person within the following degrees of relationship, to wita:

(1)A man with his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather’s wife, son’s wife, grandson’s wife, wife’s mother, wife’s grandmother, wife’s daughter, wife’s granddaughter, brother’s daughter, sister’s daughter, father’s sister or mother’s sister; or

(2)A woman with her father, grandfather, son, grandson, stepfather, brother, grandmother’s husband, daughter’s husband, granddaughter’s husband, husband’s father, husband’s grandfather, husband’s son, husband’s grandson, brother’s son, sister’s son, father’s brother or mother’s brother;.

(B)Shall beA person who violates the provisions of subsection (A) is guilty of incest and shallmust be punished by a fine offined not less than five hundred dollars or imprisonmentimprisoned not less than one year in the Penitentiary, or both such fine and imprisonment.

(C)In addition to the penalty provided in subsection (B), a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 2421435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry.”

SECTION14.Section 1615140 of the 1976 Code is amended to read:

“Section 1615140.(A)It is unlawful for a person over the age of fourteen years to wilfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.

(B)A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both.