South Carolina S 29: MPIC

Bill Text

2025-2026 Bill 29 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 29

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

Conference Report Adopted - Not Printed

May 8, 2025

S. 29

Introduced by Senators Hutto, Reichenbach, 
Goldfinch, Leber, Jackson, Alexander, Rice, Fernandez, Campsen, Chaplin, 
Devine, Adams, Young, Garrett, Elliott, Turner, Ott, Graham, Cromer, Verdin and 
Kennedy 

S. Printed 5/8/25--S.

Read the first time January 14, 2025

________

statement of estimated fiscal impact

Explanation of Fiscal Impact

<<section info>>

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 THE DEFINITIONS PERTAINING TO THE DISSEMINATION 
OF HARMFUL MATERIAL TO MINORS, SO AS TO DEFINE IDENTIFIABLE MINOR AND MORPHED 
IMAGE AS AN OFFENSE; BY AMENDING SECTION 16-15-395, RELATING TO THE DEFINITION 
OF FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES 
OF IDENTIFIABLE CHILDREN; BY AMENDING SECTION 16-15-405, RELATING TO THE 
DEFINITION OF SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE 
MORPHED IMAGES OF IDENTIFIABLE CHILDREN; BY AMENDING SECTION 16-15-410, 
RELATING TO THE DEFINITION OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO 
AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE CHILDREN AS AN OFFENSE; BY 
AMENDING SECTION 23-3-430, RELATING TO SEX OFFENDER REGISTRY, SO AS TO INCLUDE 
THOSE GUILTY OF CRIMINAL SEXUAL EXPLOITATION OF A MINOR IN THE FIRST, SECOND, 
OR THIRD DEGREE AS A TIER II OFFENDER; BY AMENDING SECTION 23-3-430, RELATING 
TO THE SEX OFFENDER REGISTRY, SO AS TO INCLUDE THOSE GUILTY OF CRIMINAL SEXUAL 
EXPLOITATION OF A MINOR IN THE FIRST, SECOND, OR THIRD DEGREE AS A TIER II 
OFFENDER; AND BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF 
REGISTRATION REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.

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

SECTION 1. Section 16-15-375 of the S.C. Code is amended to read:

 Section 16-15-375. The following 
definitions apply to Section 16-15-385, disseminating or 
exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen 
years to appear in a state of sexually explicit nudity in a public place; 
Section 16-15-395, first degree sexual 
exploitation of a minor; Section 16-15-405, second degree sexual 
exploitation of a minor; Section 16-15-410, third degree sexual 
exploitation of a minor; Section 16-15-412, morphed image 
of an identifiable minor; arrest warrant; Section 16-15-415, promoting prostitution of a minor; and 
Section 16-15-425, participating in 
prostitution of a minor.

 (1) 
"Harmful to minors" means that quality of any material or performance that 
depicts sexually explicit nudity or sexual activity and that, taken as a whole, 
has the following characteristics:

 (a) 
the average adult person applying contemporary community standards would find 
that the material or performance has a predominant tendency to appeal to a 
prurient interest of minors in sex; and

 (b) 
the average adult person applying contemporary community standards would find 
that the depiction of sexually explicit nudity or sexual activity in the 
material or performance is patently offensive to prevailing standards in the 
adult community concerning what is suitable for minors; and

 (c) 
to a reasonable person, the material or performance taken as a whole lacks 
serious literary, artistic, political, or scientific value for minors.

 (2) 
"Material" means pictures, drawings, video recordings, films, digital 
electronic files, computer-generated images or pictures, or 
other visual depictions or representations but not material consisting entirely 
of written words.

 (3) 
"Minor" means an individual who is less than eighteen years old.

 (4) 
"Prostitution" means engaging or offering to engage in sexual activity with or 
for another in exchange for anything of value.

 (5) 
"Sexual activity" includes any of the following acts or simulations thereof:

 (a) 
masturbation, whether done alone or with another human or animal;

 (b) 
vaginal, anal, or oral intercourse, whether done with another human or an 
animal;

 (c) 
touching, in an act of apparent sexual stimulation or sexual abuse, of the 
clothed or unclothed genitals, pubic area, or buttocks of another person or the 
clothed or unclothed breasts of a human female;

 (d) 
an act or condition that depicts bestiality, sado-masochistic abuse, meaning 
flagellation or torture by or upon a person who is nude or clad in 
undergarments or in a costume which reveals the pubic hair, anus, vulva, 
genitals, or female breast nipples, or