South Carolina H 3046: Sexual Exploitation of a Minor, morphed images

Bill Text

2025-2026 Bill 3046 Text of Previous Version (Feb. 27, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3046

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Report

February 26, 2025

H. 3046

Introduced by Reps. T. Moore, Lawson, Wooten, 
Pope, Chapman, Spann-Wilder, McCravy, W. Newton, Vaughan, Mitchell, Rankin, 
Long, Oremus, Gibson, Burns, Edgerton, Guffey, Govan and Wickensimer 

S. Printed 2/26/25--H. [SEC 
2/27/2025 3:53 PM]

Read the first time January 14, 2025

________

The committee on House Judiciary

To whom was referred a Bill (H. 3046) to amend 
the South Carolina Code of Laws by amending Section 16-15-375, relating to 
definitions applicable to certain offenses against minors, so as to revise 
definitions, etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends provisions related to 
offenses against morality and decency by:

Expanding 
the definition of material that may be harmful to minors to include computer 
generated pictures or images;

Creating 
the definition of identifiable minor to mean a person who (1) was a minor at 
the time an image was created, adapted, or modified and (2) who is recognizable 
as ab actual person by the person's face, likeness, or other distinguishing 
characteristics.

Creating 
the definition of morphed image to mean a visual depiction or representation 
(including any photograph, film, video, picture, or computer or 
computer-generated image or picture) of sexually explicit conduct where such 
depiction or representation has been created, adapted, or modified to appear 
that an identifiable minor is engaging in sexual conduct or sexually explicit 
activity or appearing in a state of sexually explicit nudity.

The bill also expands the offenses of first 
degree, second degree, and third degree sexual exploitation of a minor to 
include unlawful actions involving 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. These 
offenses, if committed by an adult, are felonies; however, they are 
misdemeanors to be heard by the family court if they are committed by a minor 
and it is the minor's first such offense. Persons convicted of, or who have 
pled guilty or nolo contendere to first, second, or third degree criminal 
sexual exploitation of a minor must register as Tier I sex offenders. Persons 
convicted of, or who have pled guilty or nolo contendere to first, second, or 
third degree sexual exploitation of a minor must register as Tier II sex 
offenders. The bill also revises the time frames within which Tier I and Tier 
II sex offenders can apply for removal from the sex offender registry.

This bill may result in an increase in the 
number of circuit court cases and family court cases, the number of cases 
handled by the Attorney General's Office, and potentially the number of 
incarcerations, which may increase the workload of the court system and the 
Commission of Indigent Defense, the Commission on Prosecution Coordination, 
Corrections, and PPP. The potential increase in expenses for each agency will 
depend upon the increase in the number of cases and number of incarcerations. 
These agencies and Judicial indicate that if this bill results in a significant 
increase in the workload, then an increase in General Fund appropriations may 
be requested. Additionally, the Attorney General currently investigates and 
prosecutes internet crimes against children. The agency anticipates any 
additional increase is caseload due to this bill can be managed within existing 
appropriations. For information, according to Corrections, in FY 2023-24, the 
annual total cost per inmate was $40,429, of which $36,553 was state funded.

State Revenue

This bill may increase General Fund and 
Other Funds revenue, due to the increase in fines and fees for the new offenses 
brought in general sessions courts. However, as the number of such offenses 
that might occur in a given year is unknown, the revenue impact is 
undetermined.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-15-375, RELATING TO DEFINITIONS APPLICABLE TO CERTAIN OFFENSES 
AGAINST MINORS, SO AS TO REVISE DEFINITIONS AND ADD THE TERMS "IDENTIFIABLE 
MINOR" AND "MORPHED IMAGE"; BY AMENDING SECTION 16-15-395, RELATING TO FIRST 
DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF 
IDENTIFIABLE MINORS AS AN OFFENSE; BY AMENDING SECTION 1