South Carolina S 783: South Carolina Prenatal Equal Protection Act

Bill Text

2025-2026 Bill 783 Text of Previous Version (Jan. 13, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 783

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 ENACTING THE "SOUTH CAROLINA PRENATAL EQUAL PROTECTION 
ACT" BY ADDING SECTIONS 16-3-6, 16-3-105, 16-3-106, 16-3-107, AND 16-3-108 SO 
AS TO DEFINE "PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT, 
AND TO ENSURE THAT AN UNBORN CHILD WHO IS A VICTIM OF HOMICIDE IS AFFORDED 
EQUAL PROTECTION UNDER THE HOMICIDE LAWS OF THE STATE, WITH EXCEPTIONS; BY 
ADDING SECTIONS 16-3-760, 16-3-761, 16-3-762, AND 16-3-763 SO AS TO DEFINE 
"PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT AND TO ENSURE 
THAT AN UNBORN CHILD WHO IS A VICTIM OF ASSAULT IS AFFORDED EQUAL PROTECTION 
UNDER THE ASSAULT LAWS OF THE STATE, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.

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

SECTION 1. This act may be cited as the "South Carolina Prenatal Equal Protection 
Act.".

SECTION 
2.A. Article 1, Chapter 3, Title 16 of the S.C. 
Code is amended by adding:

 Section 16-3-6. As used in this article: 

 (1) "Fertilization" 
means the fusion of a human spermatozoon with a human ovum.

 (2) "Person" 
includes an unborn child at every stage of development from fertilization until 
birth.

 (3) "Spontaneous 
miscarriage" means the natural or accidental termination of pregnancy and the 
expulsion of the unborn child.

B. Article 1, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-105. Where the victim is an unborn child and the defendant is the child's 
mother, it is a defense to prosecution under this article that the mother 
engaged in the proscribed conduct because she was compelled to do so by the 
threat of imminent death or great bodily injury.

 Section 
16-3-106. In a prosecution under this article where 
the victim is an unborn child, unless specifically provided otherwise:

 (1) 
enforcement is subject to the same presumptions, defenses, justifications, laws 
of parties, immunities, and clemencies as would apply to the homicide of a 
person who had been born alive;

 (2) 
solicitors and the Attorney General shall have concurrent authority to 
prosecute criminal cases and to perform any duty that necessarily relates to 
such prosecution; and

 (3) 
this article prevails over other law to the extent of any conflict.

 Section 
16-3-107. (A) This article shall 
not apply to the unintentional death of an unborn child when resulting from:

 (1) 
the undertaking of life-saving procedures to save the life of a mother when 
accompanied by reasonable steps, if available, to save the life of her unborn 
child; or

 (2) 
a spontaneous miscarriage.

 (B) 
Mistake or unintentional error on the part of a licensed physician or other 
licensed healthcare provider or his or her employee or agent or any person 
acting on behalf of the patient shall not subject the licensed physician or 
other licensed healthcare provider or person acting on behalf of the patient to 
any criminal liability under this article.

 Section 
16-3-108. Any person may be compelled to testify in any action or prosecution 
initiated pursuant to this article where the victim is an unborn child; 
provided, however, that such testimony shall not be admissible in any civil or 
criminal action against such witness and such witness shall forever be exempt 
from any prosecution for the act concerning which the witness testifies except 
a prosecution for perjury.

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

 Section 
16-3-760. As used in this article: 

 (1) "Fertilization" 
means the fusion of a human spermatozoon with a human ovum.

 (2) "Person" 
includes an unborn child at every stage of development from fertilization until 
birth.

 (3) "Spontaneous 
miscarriage" means the natural or accidental termination of pregnancy and the 
expulsion of the unborn child.

 Section 
16-3-761. Where the victim is an unborn child and the defendant is the child's 
mother, it is a defense to prosecution under this article that the mother 
engaged in the proscribed conduct because she was compelled to do so by the 
threat of imminent death or great bodily injury.

 Section 
16-3-762. In a prosecution under this article where 
the victim is an unborn child, unless specifically provided otherwise:

 (1) 
enforcement is subject to the same presumptions, defenses, justifications, laws 
of parties, immunities, and clemencies as would apply to the homicide of a 
person who had been born alive;

 (2) 
solicitors and the Attorney General shall have concurrent authority to 
prosecute criminal cases and to perform any duty that necessarily relates to 
such prosecution; and

 (3) 
this article prevai