South Carolina H 3394: Homicide by child abuse

Bill Text

2025-2026 Bill 3394 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3394

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 16-3-85, 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 apply:

 (1) 
"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" 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.

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