South Carolina H 5065: Enhanced Punishment for Crimes Against Minors

Bill Text

2025-2026 Bill 5065 Text of Previous Version (Jan. 29, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5065

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 SO AS TO ENACT THE "SENTENCING ENHANCEMENTS FOR CRIMES 
AGAINST MINORS ACT"; BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO 
ESTABLISH ADDITIONAL TERMS OF IMPRISONMENT FOR PERSONS CONVICTED OF CRIMES 
AGAINST MINORS AND TO PROHIBIT THE AVOIDANCE OR REDUCTION OF CRIMINAL 
RESPONSIBILITY FOR PERSONS CONVICTED OF CRIMES AGAINST MINORS DUE TO A VERDICT 
OR PLEA OF NOT GUILTY BY REASON OF INSANITY.

Whereas, it is the 
intent of the General Assembly to protect the safety and well-being of minors 
by deterring crimes committed against children; and

Whereas, it is the 
intent of the General Assembly to ensure that perpetrators who commit crimes 
against children receive enhanced penalties for such offenses; and

Whereas, the General 
Assembly finds that minors are particularly vulnerable to victimization and 
should be afforded special protection under the law. Now, therefore,

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

SECTION 1. This act may be cited as the "Sentencing Enhancements for Crimes Against 
Minors Act."

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

Article 22

Sentencing Enhancements for Crimes Against Minors

 Section 
16-3-2400. For purposes of this article:

 (1) 
"Crime against a minor" means an offense in which the victim is a minor. This includes, 
but is not limited to, an offense under Titles 16 or 44 that involves:

 (a) 
physical assault or battery;

 (b) 
criminal sexual conduct;

 (c) 
kidnapping;

 (d) 
pornography or exploitation;

 (e) 
trafficking in humans;

 (f) 
neglect or endangerment;

 (g) 
homicide or attempted homicide.

 (2) 
"Minor" means a person under the age of eighteen years.

 Section 
16-3-2410. (A) If a person is 
convicted of a crime against a minor and that crime is punishable by imprisonment, 
the court shall impose an additional term of imprisonment as described in this 
section. The additional term of imprisonment shall be mandatory and shall be 
served consecutively with and commence at the expiration of the sentence 
ordered for the underlying crime against a minor.

 (1) 
If the victim is aged twelve to eighteen years old, the court shall impose:

 (a) 
for a misdemeanor offense, an additional one year of imprisonment;

 (b) 
for a felony offense, an additional five years of imprisonment.

 (2) 
If the victim is aged eleven years or younger:

 (1) 
for a misdemeanor offense, an additional two years of imprisonment;

 (2) 
for a felony offense, an additional ten years of imprisonment.

 (B) 
Any person convicted of a second or subsequent offense for a crime against a 
minor shall be sentenced to double the mandatory additional term of 
imprisonment described in subsection (A).

 (C) 
The additional term of imprisonment provided in this subsection shall not be 
suspended, or otherwise eligible for parole, probation, or early release. In 
addition, this additional term of imprisonment must not be considered or used 
to reduce the punishment for the underlying crime against a minor.

 Section 
16-3-2420. Nothing in this article shall prevent prosecution under any other 
applicable law. The provisions in Section 16-3-2410 shall be in addition to any 
other remedy or punishment available by law.

 Section 
16-3-2430. (A) Notwithstanding any 
other provision of law, a person who is convicted of a crime against a minor 
shall not be excused from criminal responsibility due to a verdict or plea of 
not guilty by reason of insanity. If the person is convicted of a crime against 
a minor, a claim of insanity, diminished mental capacity, or mental illness 
shall not be used to:

 (1) 
avoid the imposition of the additional term of imprisonment as prescribed in 
this article; or

 (2) 
alter, reduce, or suspend any part of the sentence resulting from the 
conviction.

 (B) A 
person who is convicted of a crime against a minor shall serve the full term of 
imprisonment, including the additional term of imprisonment as described in 
this article, as if fully competent and sane.

 (C) 
Nothing in this section shall be construed to prohibit the provision of mental 
health treatment of a person convicted of a crime against a minor while that 
person is incarcerated or the initiation of civil commitment proceedings 
following completion of the criminal sentence where authorized by law.

SECTION 3. This act takes effect upon approval 
by the Governor and shall apply to all offenses committed on or after this date.

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This web page was last updated on January 29, 2026 at 11:04 AM