South Carolina S 723: CSAM penalties

Bill Text

2025-2026 Bill 723 Text of Previous Version (Feb. 24, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 723

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

Committee Amendment Adopted and Amended

February 24, 2026

S. 723

Introduced by Senators Blackmon, Climer, Kennedy, 
Reichenbach, Rice, Zell and Garrett 

S. Printed 2/24/26--S.

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR 
DEFINED; PRESUMPTIONS; DEFENSES; PENALTIES, SO AS TO INCREASE THE MINIMUM 
PENALTY TO FIVE YEARS' IMPRISONMENT; BY AMENDING SECTION 16-15-405, RELATING TO 
SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR DEFINED; PRESUMPTIONS; DEFENSES; 
PENALTIES, SO AS TO INCREASE THE MINIMUM PENALTY TO THREE YEARS' IMPRISONMENT; 
AND BY AMENDING SECTION 16-15-410, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION 
OF A MINOR DEFINED; PENALTIES; EXCEPTION, SO AS TO ESTABLISH PENALTIES BASED ON 
THE NUMBER OF IMAGES POSSESSED, INCLUDING A PENALTY OF UP TO TEN YEARS IF THERE 
ARE ONE TO TWENTY-FIVE IMAGES, ONE TO TEN YEARS IF THERE ARE TWENTY-SIX TO TWO 
HUNDRED FIFTY IMAGES, AND A PENALTY OF TWO TO TEN YEARS IF THERE ARE MORE THAN 
TWO HUNDRED FIFTY IMAGES; AND TO ESTABLISH THAT A PERSON WHO IS REQUIRED TO 
REGISTER AS A SEX OFFENDER AND VIOLATES THE PROVISIONS OF THE SECTION, UPON 
CONVICTION, MUST SERVE A MINIMUM OF FIVE YEARS.

 Amend Title To Conform

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

SECTION 1. Section 16-15-395 of the S.C. Code is amended to read:

 Section 
16-15-395. (A) An individual 
commits the offense of first degree sexual exploitation of a minor if, knowing 
the character or content of the material or performance, he:

 (1) 
uses, employs, induces, coerces, encourages, or facilitates a minor to engage 
in or assist others to engage in sexual activity or appear in a state of 
sexually explicit nudity when a reasonable person would infer the purpose is 
sexual stimulation for a live performance or for the purpose of producing 
material that contains a visual representation depicting this activity or a 
state of sexually explicit nudity when a reasonable person would infer the 
purpose is sexual stimulation;

 (2) 
permits a minor under his custody or control to engage in sexual activity or 
appear in a state of sexually explicit nudity when a reasonable person would 
infer the purpose is sexual stimulation for a live performance or for the 
purpose of producing material that contains a visual representation depicting 
this activity or a state of sexually explicit nudity when a reasonable person 
would infer the purpose is sexual stimulation;

 (3) 
transports or finances the transportation of a minor through or across this 
State with the intent that the minor engage in sexual activity or appear in a 
state of sexually explicit nudity when a reasonable person would infer the 
purpose is sexual stimulation for a live performance or for the purpose of 
producing material that contains a visual representation depicting this 
activity or a state of sexually explicit nudity when a reasonable person would 
infer the purpose is sexual stimulation; or

 (4) 
records, photographs, films, develops, duplicates, produces, or creates a 
digital electronic file for sale or pecuniary gain material that contains a 
visual representation depicting a minor or a morphed image of an identifiable 
minor engaged in sexual activity or a state of sexually explicit nudity when a 
reasonable person would infer the purpose is sexual stimulation.

 (B) 
In a prosecution pursuant to this section, the trier of fact may infer that a 
participant in a sexual activity or a state of sexually explicit nudity 
depicted in material as a minor through its title, text, visual 
representations, or otherwise, is a minor.

 (C) 
Mistake of age is not a defense to a prosecution pursuant to this section.

 (D)(1) A person who violates the provisions of this section 
is guilty of a felony and, upon conviction, must be imprisoned for not less 
than three five years 
nor more than twenty years. No part of the minimum sentence of imprisonment 
may be suspended nor is the individual convicted eligible for parole until he 
has served the minimum term of imprisonment. Sentences imposed pursuant to 
this section must run consecutively with and commence at the expiration of 
another sentence being served by the person sentenced.

 (2) A person who violates the 
provisions of this section and has previously been convicted of an offense that 
required the person to register as a sex offender in accordance with Section 
23-3-430, upon conviction, must be sentenced for an additional five years.

 (E) 
The offense is a mi