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1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-3-910 OF THE CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, TO 13 INCLUDE THE OFFENSE OF ATTEMPT TO KIDNAP; AND 14 TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16 TO ADD 15 SECTION 16-3-930 TO CREATE THE OFFENSE OF LURING 16 OR ATTEMPTING TO LURE A CHILD UNDER THE AGE OF 17 THIRTEEN WITH INTENT TO COMMIT A CRIME; TO 18 ESTABLISH PENALTIES AND AFFIRMATIVE DEFENSES. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Section 16-3-910 of the 1976 Code is amended to 24 read: 25 26 “Section 16-3-910. Whoever shall unlawfully seize, confine, 27 inveigle, decoy, kidnap, abduct or carry away any other person, or 28 attempt to seize, confine, inveigle, decoy, kidnap, abduct or carry 29 away any other person by any means whatsoever without authority 30 of law, except when a minor is seized or taken by his parent, is 31 guilty of a felony and, upon conviction, must be imprisoned for a 32 period not to exceed thirty years unless sentenced for murder as 33 provided in Section 16-3-20.” 34 35 SECTION 2. Article 9, Chapter 3, Title 16 of the 1976 Code is 36 amended by adding: 37 38 “Section 16-3-930. (A) A person over the age of eighteen who 39 knowingly lures or entices, or attempts to lure or entice, whether 40 by electronic or any other means, a child under the age of thirteen 41 into a building, dwelling house, or conveyance with the intent to

[925] 1 1 commit a criminal offense is guilty of a felony and must be 2 imprisoned for a period not to exceed twenty-five years. 3 (B) For purposes of this section, the luring or enticing, or 4 attempted luring or enticing, of a child under the age of thirteen 5 into a building, dwelling, or conveyance without the consent of the 6 child's parent or legal guardian shall be prima facie evidence of the 7 intent to commit a criminal offense. 8 (C) For purposes of this section: 9 (1) ‘building’ means any structure as defined by Section 16- 10 11-310(1); 11 (2) ‘dwelling house’ means a building or structure as defined 12 by Section 16-11-10; 13 (3) ‘conveyance’ means any vehicle, ship, vessel, railroad 14 car, trailer, aircraft, watercraft, or sleeping car, whether or not 15 motorized; 16 (D) It is an affirmative defense to a prosecution under this 17 section that: 18 (1) the person reasonably believed that his or her action was 19 necessary to prevent the child from being seriously injured, 20 (2) the person lured or enticed, or attempted to lure or entice, 21 the child under the age of thirteen into a structure, dwelling, or 22 conveyance for a lawful purpose, or 23 (3) the person's actions were reasonable under the 24 circumstances and the defendant did not have any intent to harm 25 the health, safety, or welfare of the child.” 26 27 SECTION 3. This act takes effect upon approval by the 28 Governor. 29 XX 30

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