South Carolina S 405: Homicide by Child Abuse

Bill Text

2025-2026 Bill 405 Text of Previous Version (Mar. 05, 2026) - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026

Bill 405

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

HOUSE RECEDED FROM ITS AMENDMENT

March 5, 2026

S. 405

Introduced
by Senators Alexander, Martin and Young 

S. Printed 3/5/26--H.

Read the first time April 3, 2025

________

A bill

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:

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 eleven 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 eleven eighteen.

 (B) For purposes of this section, the following definitions applyAs used in this section:

 (1)
"child "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" "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 health
care, 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 eleven eighteen, and any mitigating circumstances; however, a
child's crying does not constitute provocation so as to be considered a
mitigating circumstance.

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

----XX----

This web page was last updated on March 05, 2026 at 11:27 AM