South Carolina H 3045: Obscene visual representations of child sexual abuse

Bill Text

2025-2026 Bill 3045 Text of Previous Version (Apr. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3045

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

Amended

April 2, 2025

H. 3045

Introduced by Reps. T. Moore, Lawson, Wooten, 
Pope, Magnuson, Chapman, Spann-Wilder, McCravy, W. Newton, Vaughan, Mitchell, 
Rankin, Long, Oremus, Gibson, Burns, Edgerton, Cobb-Hunter, Guffey, Govan, 
Wickensimer, M. M. Smith, Schuessler, B. L. Cox, Holman, Davis, 
Henderson-Myers, Taylor, Gilliard, Anderson, Williams, Cromer, Gilreath, Hixon, 
Erickson, Bradley and Weeks 

S. Printed 4/2/25--H. [SEC 
4/4/2025 3:33 PM]

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-15-390 SO AS TO CREATE THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF 
CHILD SEXUAL ABUSE, DEFINE NECESSARY TERMS, AND ESTABLISH PENALTIES; BY 
AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD 
THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE TO THE SEX 
OFFENDER REGISTRY; AND BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF 
REGISTRATION REQUIREMENTS, SO AS TO CLARIFY POSSIBLE TERMINATION REQUIREMENTS 
AND INCLUDE TIER I AND TIER II DESIGNATIONS FOR OUT-OF-STATE OR FEDERAL 
CONVICTIONS.

 Amend Title To Conform

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

SECTION 1. Article 3, Chapter 15, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-15-390. (A) As used in this 
section:

 (1) 
"Obscene" has the same meaning as in Section 16-15-305.

 (2) 
"Visual depiction or representation" means and includes undeveloped film and 
videotape, and data stored on a computer disk or by electronic means that is 
capable of conversion into a visual image, and also includes any photograph, 
film, video, picture, digital image or picture, computer image or picture, or 
computer-generated image or picture, whether made or produced by electronic, 
mechanical, or other means.

 (B) Any 
person who knowingly produces, distributes, receives, or possesses with intent 
to distribute, a visual depiction or representation that depicts a minor 
engaging in sexually explicit conduct, sexually explicit activity, or sexually 
explicit nudity, and is obscene, or attempts or conspires to do so, is guilty 
of a felony and, upon conviction, must be imprisoned not less than two years 
nor more than ten years. No part of the minimum sentence may be suspended nor 
is the individual convicted eligible for parole until he has served the minimum 
sentence.

 (C) Any 
person who knowingly possesses a visual depiction or representation that 
depicts a minor engaging in sexually explicit conduct, sexually explicit 
activity, or sexually explicit nudity, and is obscene, or attempts or conspires 
to do so, is guilty of a felony and, upon conviction, must be imprisoned no 
more than ten years.

 (D) The 
offense is a misdemeanor to be heard by the family court if the person charged 
under this section is a minor, and the minor has no prior adjudication under 
this section or for any offense for which a person may be included in the sex 
offender registry. The family court may order behavioral health counseling from 
an appropriate agency or provider, as a condition of adjudicating a minor.

 (E) 
It is not a required element of any offense under this section that the minor 
depicted actually exists.

 (F)(1) This section does not apply to an 
employee of a law enforcement agency, including the State Law Enforcement 
Division, a prosecuting agency, including the South Carolina Attorney General's 
Office, or the South Carolina Department of Corrections, who, while acting 
within the employee's official capacity in the course of an investigation or 
criminal proceeding, is in possession of material that contains a visual 
representation of a minor engaging in sexual activity or appearing in a state 
of sexually explicit nudity when a reasonable person would infer the purpose is 
sexual stimulation. An employee's official capacity in the course of such 
investigation or criminal proceeding includes making materials available for 
inspection to the defendant's counsel in response to discovery requests.

 (2) 
This section does not apply to a provider of a telecommunications service or an 
information service, as those terms are defined in 47 U.S.C. Section 153, for 
content provided by another person. 

SECTION 2. Section 23-3-430(C)(1) and (2) of the S.C. Code is 
amended to read:

 (C)(1) For purposes of this article, a 
person who has been convicted of, or pled guilty or nolo contendere to any of 
the following offenses shall be referred to as a Tier I offender:

 (a) 
criminal sexual conduct in the third degree (Section 16-3-654);