Enhanced Punishment for Crimes Against Minors

2025-2026 Bill 5065: Enhanced Punishment for Crimes Against Minors - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5065
STATUS INFORMATION
General Bill
Sponsors: Reps. Landing, Bustos, Teeple, Hartnett and M.M. Smith
Document Path: LC-0253HA26.docx
Introduced in the House on January 29, 2026
Currently residing in the House
Summary: Enhanced Punishment for Crimes Against Minors
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/29/2026

House

Introduced and read first time (
House Journal-page 15
)

1/29/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 15
)

2/4/2026

House

Member(s) request name added as sponsor: M.M. Smith

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/29/2026

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.

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

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

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

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

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

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

A
rticle 22

S
entencing Enhancements for Crimes Against Minors

S
ection
16-3-2400
.
F
or 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.

S
ection
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.

S
ection
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.

S
ection
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.

S
ECTION 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