Sexual Exploitation of a Minor, first degree

2025-2026 Bill 4807: Sexual Exploitation of a Minor, first degree - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4807
STATUS INFORMATION
General Bill
Sponsors: Reps. Wooten, Pope, Edgerton and White
Document Path: LC-0199AHB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: Sexual Exploitation of a Minor, first degree
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 96
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 96
)

1/20/2026

House

Member(s) request name added as sponsor: White

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

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, SO
AS TO PROVIDE FOR A TWENTY-FIVE YEAR MANDATORY MINIMUM SENTENCE FOR A VIOLATION
OF THE OFFENSE IF THE MINOR VICTIM IS LESS THAN ELEVEN YEARS OF AGE.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
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)
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 years nor more than
twenty years.
Except that, a person who violates the
provisions of this section and the minor victim is less than eleven years of
age is guilty of felony and, upon conviction, must be imprisoned for a
mandatory minimum of twenty-five 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.

(
E)
The offense is a misdemeanor to be heard by the family court if the person
charged under the provisions of subsection (A)(4) is a minor and the offense is
the minor's first offense related to a morphed image of an identifiable minor.
The family court may order behavioral health counseling from an appropriate
agency or provider, as a condition of adjudicating a minor.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:41 PM