H 3045 — Obscene visual representations of child sexual abuse

2025-2026 Bill 3045 Text of Previous Version (Mar.(Dec.

20,06, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3045Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Marchbill 20,  2025TO  AMEND H.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;

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 and Davis   S.

Printed 3/20/25--H.

Read the first time January 14, 2025   ________   The committee on House Judiciary To whom was referred a Bill (H.

3045) 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, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(F) and inserting:

    (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.

§ 153, for content provided by another person.

Renumber sections to conform.

Amend title to conform.

  W.

NEWTON for Committee.

    statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill adds definitions for obscene and visual depiction or representation within the provisions for offenses against morality and decency.

It also creates the following new offenses:

  Section 16-15-390(B):

Felony Offense Offense Penalty Knowingly producing, distributing, receiving, or possessing with intent to distribute-or attempting or conspiring to produce, distribute, receive, or possess with intent to distribute-an obscene visual depiction or representation showing minor engaged in sexually explicit conduct, activity, or nudity Imprisonment for ≥

2 years but     ≤

10 years;

no part of minimum sentence may be suspended nor parole granted until minimum sentence served Section 16-15-390(C):

Felony Offense Offense Penalty Knowingly producing, distributing, receiving, or possessing-or attempting or conspiring to do so-an obscene visual depiction or representation showing minor engaged in sexually explicit conduct, activity, or nudity Imprisonment for ≤10 years Section 16-15-390(D):

Misdemeanor Offense Offense Possible Action by Court If offense (B) or (C) is committed by a minor where the minor has no prior adjudication for such offense that would require registration as a sex offender Family court may order behavioral health counseling from appropriate agency or provider as a condition of adjudication   The bill does not require that any minor depicted actually exist.  The provisions of the bill do not apply to persons working in law enforcement or the judicial system who are acting in their official capacity during an investigation or criminal proceeding.

  This bill also provides that minors adjudicated in the family court are not required to register as Tier I sex offenders.  However, adults who have been convicted of, or have pled guilty or nolo contendere to these offenses must be added to the sex offender registry as Tier I offenders.

In addition, the bill revises the requirements by which a person included as a Tier I or Tier II offender in the state sex offender registry may request removal from the registry.  These revisions are as follows:

Section 23-3-462(A)(1)(a):

Any Registrant, Tier I Offender Current Proposed After years of registration as a Tier I offender After years of registration or after 15 years from date of discharge from incarceration without supervision, or termination of active supervision of probation, parole, or any other active alternative to incarceration Section 23-3-462(A)(1)(b):

Adult Registrant, Tier II Offender Current Proposed After years of registration as a Tier II offender After years of registration or after 25 years from date of discharge from incarceration without supervision, or termination of active supervision of probation, parole, or any other active alternative to incarceration   Judicial.  Judicial reports that this bill may increase caseloads in general sessions and family courts.  During FY 2023-24, there were 1,581 dispositions of child sexual exploitation related offenses, which constitute 1.15 percent of general sessions court dispositions during that period.  Judicial intends to use existing staff and resources to manage any increase in caseloads.  However, they indicated that if there is a significant increase in caseloads, Judicial will request additional General Fund appropriations.

  Commission on Prosecution Coordination.  The Commission reports this bill will likely have some impact on the agency workload.  However, as there are no data to estimate any increase in workload, the expenditure impact cannot be determined.  If there is a significant increase in workload, the agency will request additional General Fund appropriations.

  Commission on Indigent Defense.  The Commission reports this bill will likely have some impact on the agency workload.  However, as there are no data to estimate any increase in workload, the expenditure impact cannot be determined.  If there is a significant increase in workload, the agency will request additional General Fund appropriations.