South Carolina Prenatal Equal Protection Act

2025-2026 Bill 783: South Carolina Prenatal Equal Protection Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 783
STATUS INFORMATION
General Bill
Sponsors: Senators Bright, Fernandez and Rice
Companion/Similar bill(s): 3537
Document Path: SR-0096CEM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Medical Affairs
Summary: South Carolina Prenatal Equal Protection Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 51
)

1/13/2026

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 51
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA PRENATAL EQUAL PROTECTION
ACT" BY ADDING SECTIONS
16-3-6
,
16-3-105
,
16-3-106
,
16-3-107
, AND
16-3-108
SO
AS TO DEFINE "PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT,
AND TO ENSURE THAT AN UNBORN CHILD WHO IS A VICTIM OF HOMICIDE IS AFFORDED
EQUAL PROTECTION UNDER THE HOMICIDE LAWS OF THE STATE, WITH EXCEPTIONS; BY
ADDING SECTIONS
16-3-760
,
16-3-761
,
16-3-762
, AND
16-3-763
SO AS TO DEFINE
"PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT AND TO ENSURE
THAT AN UNBORN CHILD WHO IS A VICTIM OF ASSAULT IS AFFORDED EQUAL PROTECTION
UNDER THE ASSAULT LAWS OF THE STATE, WITH EXCEPTIONS; AND FOR OTHER PURPOSES
.

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

S
ECTION 1.
This act may be cited as the "South Carolina Prenatal Equal Protection
Act.".

S
ECTION
2.A.
A
rticle 1, Chapter 3, Title 16 of the S.C.
Code is amended by adding:

S
ection
1
6-3-6. As used in this article:

(
1) "Fertilization"
means the fusion of a human spermatozoon with a human ovum.

(
2) "Person"
includes an unborn child at every stage of development from fertilization until
birth.

(
3) "Spontaneous
miscarriage" means the natural or accidental termination of pregnancy and the
expulsion of the unborn child.

B
.
A
rticle 1, Chapter 3, Title 16 of the S.C. Code is
amended by adding:

S
ection
16-3-105
. Where the victim is an unborn child and the defendant is the child's
mother, it is a defense to prosecution under this article that the mother
engaged in the proscribed conduct because she was compelled to do so by the
threat of imminent death or great bodily injury.

S
ection
16-3-106
.
I
n a prosecution under this article where
the victim is an unborn child, unless specifically provided otherwise:

(
1)
enforcement is subject to the same presumptions, defenses, justifications, laws
of parties, immunities, and clemencies as would apply to the homicide of a
person who had been born alive;

(
2)
solicitors and the Attorney General shall have concurrent authority to
prosecute criminal cases and to perform any duty that necessarily relates to
such prosecution; and

(
3)
this article prevails over other law to the extent of any conflict.

S
ection
16-3-107
.
(
A) This article shall
not apply to the unintentional death of an unborn child when resulting from:

(
1)
the undertaking of life-saving procedures to save the life of a mother when
accompanied by reasonable steps, if available, to save the life of her unborn
child; or

(
2)
a spontaneous miscarriage.

(
B)
Mistake or unintentional error on the part of a licensed physician or other
licensed healthcare provider or his or her employee or agent or any person
acting on behalf of the patient shall not subject the licensed physician or
other licensed healthcare provider or person acting on behalf of the patient to
any criminal liability under this article.

S
ection
16-3-108
. Any person may be compelled to testify in any action or prosecution
initiated pursuant to this article where the victim is an unborn child;
provided, however, that such testimony shall not be admissible in any civil or
criminal action against such witness and such witness shall forever be exempt
from any prosecution for the act concerning which the witness testifies except
a prosecution for perjury.

S
ECTION 3.
A
rticle 7, Chapter 3, Title 16 of the S.C. Code is
amended by adding:

S
ection
16-3-760
.
A
s used in this article:

(
1) "Fertilization"
means the fusion of a human spermatozoon with a human ovum.

(
2) "Person"
includes an unborn child at every stage of development from fertilization until
birth.

(
3) "Spontaneous
miscarriage" means the natural or accidental termination of pregnancy and the
expulsion of the unborn child.

S
ection
16-3-761
. Where the victim is an unborn child and the defendant is the child's
mother, it is a defense to prosecution under this article that the mother
engaged in the proscribed conduct because she was compelled to do so by the
threat of imminent death or great bodily injury.

S
ection
16-3-762
.
I
n a prosecution under this article where
the victim is an unborn child, unless specifically provided otherwise:

(
1)
enforcement is subject to the same presumptions, defenses, justifications, laws
of parties, immunities, and clemencies as would apply to the homicide of a
person who had been born alive;

(
2)
solicitors and the Attorney General shall have concurrent authority to
prosecute criminal cases and to perform any duty that necessarily relates to
such prosecution; and

(
3)
this article prevails over other law to the extent of any conflict.

S
ection
16-3-763
.
(
A) This article shall
not apply to the unintentional death of an unborn child when resulting from:

(
1)
the undertaking of life-saving procedures to save the life of a mother when
accompanied by reasonable steps, if available, to save the life of her unborn
child; or

(
2)
a spontaneous miscarriage.

(
B)
Mistake or unintentional error on the part of a licensed physician or other
licensed healthcare provider or his or her employee or agent or any person
acting on behalf of the patient shall not subject the licensed physician or
other licensed healthcare provider or person acting on behalf of the patient to
any criminal liability under this article.

S
ection
16-3-764
. Any person may be compelled to testify in any action or prosecution
initiated pursuant to this article where the victim is an unborn child;
provided, however, that such testimony shall not be admissible in any civil or
criminal action against such witness and such witness shall forever be exempt
from any prosecution for the act concerning which the witness testifies except
a prosecution for perjury.

S
ECTION 4. In
accordance with Section 4, Article 1 of the South Carolina Constitution, and Clause
3, Section 9, Article 1 of the Constitution of the United States, this act is
prospective only and shall not apply to conduct committed prior to the
effective date of this act.

S
ECTION 5. Section
16-3-108
3, Chapter 41, Title 44, and any other existing provisions relating to
prenatal homicide or assault or regulating abortion or abortion facilities are
not repealed but are superseded to the extent that such provisions may conflict
with or may be inconsistent with this act.

S
ECTION 6. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 12:40 PM