South Carolina H 4807: Jordan Montgomery, World Series pitcher

Bill Text

2025-2026 Bill 4807 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4807

Indicates Matter Stricken
Indicates New Matter

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

A bill

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 PROVIDE FOR A TWENTY-FIVE YEAR MANDATORY MINIMUM SENTENCE FOR A VIOLATION 
OF THE OFFENSE IF THE MINOR VICTIM IS LESS THAN ELEVEN YEARS OF AGE.

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

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) 
A person who violates the provisions of this section is guilty of a felony and, 
upon conviction, must be imprisoned for not less than three years nor more than 
twenty years. Except that, a person who violates the 
provisions of this section and the minor victim is less than eleven years of 
age is guilty of felony and, upon conviction, must be imprisoned for a 
mandatory minimum of twenty-five 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.

 (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.

SECTION 2. 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, pe