Introduced by Reps. G.M.Smith, Altman, Clark and Owens

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 30, 2004 6 7 H. 4451 8 9 Introduced by Reps. G.M. Smith, Altman, Clark and Owens 10 11 S. Printed 3/30/04--S. 12 Read the first time February 24, 2004. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (H. 4451) to amend the Code of 17 Laws of South Carolina, 1976, by adding Section 16-15-342 so as 18 to create the offense of criminal solicitation of a minor and to 19 provide penalities, etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by striking all after the 25 enacting words and inserting therein the following: 26 / SECTION 1. Section 14-7-1610 of the 1976 Code, as last 27 amended by Act 335 of 1992, is further amended to read: 28 “Section 14-7-1610. It is the intent of the General Assembly to 29 enhance the grand jury system and to improve the ability of the 30 State to detect and eliminate criminal activity. The General 31 Assembly recognizes the great importance of having the federal 32 authorities available for certain investigations. The General 33 Assembly finds that crimes involving narcotics, dangerous drugs, 34 or controlled substances, as well as crimes involving obscenity, 35 often transpire or have significance in more than one county of this 36 State. When this occurs, these crimes are most effectively detected 37 and investigated by a grand jury system which has with the 38 authority to cross county lines. 39 The General Assembly further finds that there is a need to 40 enhance the grand jury system to improve the ability of the State to 41 detect and eliminate public corruption. Crimes involving public 42 corruption transpire at times in a single county, but often transpire

1 [4451-1] 1 or have significance in more than one county of this State. The 2 General Assembly believes that a state grand jury, possessing 3 considerably broader investigative authority than individual county 4 grand juries, should be available to investigate public corruption 5 offenses in South Carolina. 6 The General Assembly finds it fundamentally necessary to 7 improve the ability of the State to prevent, detect, investigate, and 8 prosecute crimes that involve the depiction of children under the 9 age of eighteen in sexual activity, and obscenity crimes that are 10 directed toward or involve children under the age of eighteen. The 11 serious and unacceptable threat that these crimes pose to children 12 is self - evident and impacts the State as a whole even if the actual 13 criminal act occurs only in one county of the State. An effective 14 effort to eliminate these heinous crimes requires a coordinated 15 effort, which is accomplished more effectively through the state 16 grand jury system. The effective prevention, detection, 17 investigation, and prosecution of these crimes may require the use 18 and application of state obscenity statutes or common law offenses 19 not specifically directed toward the prevention and punishment of 20 obscenity crimes involving children. Because many of these 21 crimes involve computers, statewide jurisdiction over these crimes 22 is consistent with the jurisdiction of a state grand jury over 23 offenses defined in the Computer Crime Act. The General 24 Assembly concludes that a state grand jury must be available to 25 employ its broad investigative powers in the investigation of 26 child - related obscenity by enabling the state grand jury to 27 investigate all obscenity offenses, regardless of their multi - county 28 impact, or whether they transpire or have significance in more than 29 one county of this State. 30 The General Assembly further finds that there is a need to 31 enhance the grand jury system to improve the ability of the State to 32 detect and investigate crimes involving the election laws, 33 including, but not limited to, those named offenses as specified in 34 Title 7, or any common law crimes involving the election laws 35 where not superseded, or any a crime arising out of or in 36 connection with the election laws, or any attempt, aiding, abetting, 37 solicitation, or conspiracy to commit a crime involving the election 38 laws. 39 The General Assembly further finds that related criminal 40 activity often arises out of or in connection with crimes involving 41 narcotics, dangerous drugs or controlled substances, obscenity, or 42 public corruption, and that the mechanism for detecting and 43 investigating these related crimes must be improved also.

1 [4451-2] 1 Accordingly, the General Assembly concludes that a state grand 2 jury should be allowed to investigate certain crimes related to 3 narcotics, dangerous drugs, and obscenity and should also be 4 allowed to investigate crimes involving public corruption and 5 election laws. 6 Nothing herein limits This section does not limit the authority of 7 a county grand jury, solicitor, or other appropriate law 8 enforcement personnel to investigate, indict, or prosecute offenses 9 within the jurisdiction of the state grand jury.” 10 SECTION 2. Section 14-7-1630(A) of the 1976 Code, as last 11 amended by Act 78 of 2003, is further amended to read: 12 “(A) The jurisdiction of a state grand jury impaneled under this 13 article extends throughout the State. The subject matter 14 jurisdiction of a state grand jury in all cases is limited to the 15 following offenses: 16 (1) crimes a crime involving narcotics, dangerous drugs, or 17 controlled substances, or any a crime arising out of or in 18 connection with a crime involving narcotics, dangerous drugs, or 19 controlled substances including, but not limited to, money 20 laundering as specified in Section 44-53-475, obstruction of 21 justice, perjury or subornation of perjury, and crimes involving 22 obscenity or any attempt, aiding, abetting, solicitation, or 23 conspiracy to commit any one of the aforementioned crimes if the 24 crimes are crime is of a multi-county nature or have has transpired 25 or are is transpiring or have has significance in more than one 26 county of this State; 27 (2) any a crime, statutory, common law or other, involving 28 public corruption as defined in Section 14-7-1615, any a crime, 29 statutory, common law or other, arising out of or in connection 30 with a crime involving public corruption as defined in Section 31 14-7-1615, and any attempt, aiding, abetting, solicitation, or 32 conspiracy to commit any a crime, statutory, common law or other, 33 involving public corruption as defined in Section 14-7-1615; 34 (3) crimes a crime involving the election laws including, but 35 not limited to, those named offenses as specified in Title 7, or any 36 a common law crimes crime involving the election laws where if 37 not superseded, or any a crime arising out of or in connection with 38 the election laws, or any attempt, aiding, abetting, solicitation, or 39 conspiracy to commit a crime involving the election laws; 40 (4) crimes a crime involving computer crimes, pursuant to 41 Chapter 16, Title 16, or any a conspiracy or solicitation to commit 42 these crimes a crime involving computer crimes;

1 [4451-3] 1 (5) crimes a crime involving terrorism, or any a conspiracy 2 or solicitation to commit these crimes a crime involving terrorism. 3 Terrorism includes activities an activity that: 4 (a) involve involves acts an act dangerous to human life 5 that are is a violation of the criminal laws of this State; 6 (b) appear appears to be intended to: 7 (i) intimidate or coerce a civilian population; 8 (ii) influence the policy of a government by 9 intimidation or coercion; or 10 (iii) affect the conduct of a government by mass 11 destruction, assassination, or kidnapping; and 12 (c) occur occurs primarily within the territorial 13 jurisdiction of this State; and 14 (6) crimes a crime involving any a violation of Chapter 1, 15 Title 35 of the Uniform Securities Act, or any a crime related to 16 securities fraud or a violation of the securities laws.; and 17 (7) a crime involving obscenity including, but not limited to, 18 a crime as provided in Article 3, Chapter 15, Title 16, or any 19 attempt, aiding, abetting, solicitation, or conspiracy to commit a 20 crime involving obscenity.” 21 SECTION 3. Section 16-15-335 of the 1976 Code is amended 22 to read: 23 “Section 16-15-335. Any An individual eighteen years of age 24 or older who, in any manner, knowingly, in any manner, hires, 25 employs, uses, or permits any a person under the age of eighteen 26 years to do or assist in doing any an act or thing constituting an 27 offense under pursuant to this article and involving any material, 28 act, or thing he knows or reasonably should know to be obscene 29 within the meaning of Section 16-15-305 is guilty of a felony and, 30 upon conviction, must be imprisoned for not more than five ten 31 years.” 32 SECTION 4. Chapter 15, Title 16 of the 1976 Code is amended 33 by adding: 34 “Section 16-15-342. (A) A person eighteen years of age or 35 older commits the offense of criminal solicitation of a minor if he 36 knowingly contacts or communicates with, or attempts to contact 37 or communicate with, a person who is under the age of eighteen, or 38 a person reasonably believed to be under the age of eighteen, for 39 the purpose of or with the intent of persuading, inducing, enticing, 40 or coercing the person to engage or participate in a sexual activity 41 as defined in Section 16-15-375(5) or a violent crime as defined in 42 Section 16-1-60, or with the intent to perform a sexual activity in

1 [4451-4] 1 the presence of the person under the age of eighteen, or person 2 reasonably believed to be under the age of eighteen. 3 (B) Consent is a defense to a prosecution pursuant to this 4 section if the person under the age of eighteen, or the person 5 reasonably believed to be under the age of eighteen, is at least 6 sixteen years old. 7 (C) Consent is not a defense to a prosecution pursuant to this 8 section if the person under the age of eighteen, or the person 9 reasonably believed to be under the age of eighteen, is under the 10 age of sixteen. 11 (D) It is not a defense to a prosecution pursuant to this section, 12 on the basis of consent or otherwise, that the person reasonably 13 believed to be under the age of eighteen is a law enforcement agent 14 or officer acting in an official capacity. 15 (E) A person who violates the provisions of this section is 16 guilty of a felony and, upon conviction, must be fined not more 17 than five thousand dollars or imprisoned for not more than ten 18 years, or both.” 19 SECTION 5. Section 16-15-345 of the 1976 Code is amended 20 to read: 21 “Section 16-15-345. Any An individual eighteen years of age 22 or older who knowingly disseminates to any a person under the 23 age of eighteen years any material which he knows or reasonably 24 should know to be obscene within the meaning of Section 25 16-15-305 is guilty of a felony and, upon conviction, must be 26 imprisoned for not more than five ten years.” 27 SECTION 6. Section 16-15-355 of the 1976 Code is amended 28 to read: 29 “Section 16-15-355. Any An individual eighteen years of age 30 or older who knowingly disseminates to any a minor twelve years 31 of age or younger any material which he knows or reasonably 32 should know to be obscene within the meaning of Section 33 16-15-305 is guilty of a felony and, upon conviction, must be 34 imprisoned for not more than ten fifteen years.” 35 SECTION 7. Section 16-15-385(D)of the 1976 Code is 36 amended to read: 37 “(D) A person who violates the provisions of this section is 38 guilty of a felony and, upon conviction, must be imprisoned not 39 more than five ten years or fined not more than five thousand 40 dollars, or both.” 41 SECTION 8. Section 16-15-387 of the 1976 Code is amended 42 to read:

1 [4451-5] 1 “Section 16-15-387. (A) It is unlawful for any a person to 2 employ a person under the age of eighteen years to appear in a 3 state of sexually explicit nudity, as defined in Section 4 16-15-375(6), in a public place. 5 (B) Mistake of age is not a defense to a prosecution under 6 pursuant to this section. A person who violates the provisions of 7 this section is guilty of a felony and, upon conviction, must be 8 imprisoned not more than five ten years or fined not more than five 9 thousand dollars, or both.” 10 SECTION 9. Section 16-15-395(D) of the 1976 Code, as last 11 amended by Act 81 of 2001, is further amended to read: 12 “(D) A person who violates the provisions of this section is 13 guilty of a felony and, upon conviction, must be imprisoned for not 14 less than three years nor more than ten twenty years. No part of 15 the minimum sentence of imprisonment may be suspended nor is 16 the individual convicted eligible for parole until he has served the 17 minimum term of imprisonment. Sentences imposed pursuant to 18 this section shall must run consecutively with and commence at the 19 expiration of any other another sentence being served by the 20 person sentenced.” 21 SECTION 10. Section 16-15-405(D) of the 1976 Code is 22 amended to read: 23 “(D) A person who violates the provisions of this section is 24 guilty of a felony and, upon conviction, must be imprisoned not 25 less than two years nor more than five ten years. No part of the 26 minimum sentence may be suspended nor is the individual 27 convicted eligible for parole until he has served the minimum 28 sentence.” 29 SECTION 11. Section 16-15-410(C) of the 1976 Code, as last 30 amended by Act 73 of 1991, is amended to read: 31 “(C) A person who violates the provisions of this section is 32 guilty of a felony and, upon conviction, must be imprisoned not 33 more than five ten years.” 34 SECTION 12. Section 16-15-415(C) of the 1976 Code is 35 amended to read: 36 “(C) An individual who violates the provisions of this section is 37 guilty of a felony and, upon conviction, must be imprisoned for not 38 less than three years nor more than ten twenty years. No part of 39 the minimum sentence may be suspended nor is the individual 40 convicted eligible for parole until he has served the minimum 41 sentence. Sentences imposed pursuant to this section shall must 42 run consecutively with and shall must commence at the expiration

1 [4451-6] 1 of any other another sentence being served by the individual 2 sentenced.” 3 SECTION 13. Section 16-15-445(A) of the 1976 Code is 4 amended to read: 5 “(A) All equipment used directly by a person in committing a 6 violation of Section Sections 16-15-305, 16 - 15 - 342, 16-15-395, or 7 16-15-405, or 16 - 15 - 410, including necessary software, may be 8 seized by the law enforcement agency making the arrest and 9 ordered forfeited by the court in which the conviction was 10 obtained.” 11 SECTION 14. Section 23-3-430(C) of the 1976 Code, as last 12 amended by Act 363 of 2000, is further amended by adding: 13 “(20) criminal solicitation of a minor if the purpose or intent of 14 the solicitation or attempted solicitation was: 15 (a) to persuade, induce, entice, or coerce the person solicited 16 to engage or participate in sexual activity as defined in Section 16- 17 15-375(5); or 18 (b) to perform a sexual activity in the presence of the person 19 solicited (Section 16-15-342).” 20 SECTION 15. Section 44-48-30(2) is amended by adding: 21 “(p) criminal solicitation of a minor, as provided in Section 22 16-15-342, if the purpose or intent of the solicitation or attempted 23 solicitation was: 24 (i) to persuade, induce, entice, or coerce the person solicited 25 to engage or participate in sexual activity as defined in Section 16- 26 15-375(5); or 27 (ii) to perform a sexual activity in the presence of the person 28 solicited.” 29 SECTION 16. The repeal or amendment by this act of any 30 law, whether temporary or permanent or civil or criminal, does not 31 affect pending actions, rights, duties, or liabilities founded thereon, 32 or alter, discharge, release or extinguish any penalty, forfeiture, or 33 liability incurred under the repealed or amended law, unless the 34 repealed or amended provision shall so expressly provide. After 35 the effective date of this act, all laws repealed or amended by this 36 act must be taken and treated as remaining in full force and effect 37 for the purpose of sustaining any pending or vested right, civil 38 action, special proceeding, criminal prosecution, or appeal existing 39 as of the effective date of this act, and for the enforcement of 40 rights, duties, penalties, forfeitures, and liabilities as they stood 41 under the repealed or amended laws. 42 SECTION 17. This act takes effect upon approval by the 43 Governor. /

1 [4451-7] 1 Renumber sections to conform. 2 Amend title to conform. 3 4 JOHN R. KUHN for Committee. 5 6 7 STATEMENT OF ESTIMATED FISCAL IMPACT 8 ESTIMATED FISCAL IMPACT ON GENERAL FUND 9 EXPENDITURES: 10 See Below 11 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 12 FUND EXPENDITURES: 13 $0 (No additional expenditures or savings are expected) 14 EXPLANATION OF IMPACT: 15 Attorney General 16 The office indicates there will be fiscal impact to the General Fund 17 of the State of approximately $62,500 and a one-time cost of 18 $3,500. The recurring cost is comprised of $60,000 in personal 19 service/fringe for 1.00 new FTE (Attorney Position) and $2,500 20 for other operating expenses. The one-time cost is for 21 computer/office equipment. 22 Judicial Department 23 The department indicates there will be a minimal fiscal impact on 24 the General Fund of the State, which can be absorbed by the 25 agency at the current level of funding. 26 Department of Corrections 27 The department indicates there will be no fiscal impact on the 28 General Fund of the State, nor on federal and/or other funds. 29 30 Approved By: 31 Don Addy 32 Office of State Budget 33 34 35 36

1 [4451-8] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE 13 THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR 14 AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 15 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH 16 RELATING TO THE JURISDICTION OF A STATE GRAND 17 JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT 18 AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN 19 NATURE OR MUST TRANSPIRE IN MORE THAN ONE 20 COUNTY FOR THE STATE GRAND JURY TO HAVE 21 JURISDICTION; TO AMEND SECTION 16-15-445, RELATING 22 TO THE SEIZURE OF EQUIPMENT USED IN THE 23 COMMISSION OF AN OBSCENITY CRIME INVOLVING A 24 MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 25 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, 26 RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY 27 LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND 28 SECTION 16-15-345, RELATING TO THE DISSEMINATION 29 OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS 30 TO INCREASE THE PENALTY; TO AMEND SECTION 31 16-15-355, RELATING TO THE DISSEMINATION OF 32 OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO 33 INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, 34 RELATING TO THE DISSEMINATION OF HARMFUL 35 MATERIAL TO A MINOR, SO AS TO INCREASE THE 36 PENALTY; TO AMEND SECTION 16-15-387, RELATING TO 37 THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO 38 APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT 39 NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND 40 SECTION 16-15-395, RELATING TO FIRST DEGREE 41 SEXUAL EXPLOITATION OF A MINOR, SO AS TO 42 INCREASE THE MINIMUM AND MAXIMUM PENALTIES;

1 [4451] 1 1 TO AMEND SECTION 16-15-405, RELATING TO SECOND 2 DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO 3 INCREASE THE MINIMUM AND MAXIMUM PENALTIES; 4 TO AMEND SECTION 16-15-410, AS AMENDED, RELATING 5 TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, 6 SO AS TO INCREASE THE PENALTY; AND TO AMEND 7 SECTION 16-15-415, RELATING TO PROMOTING THE 8 PROSTITUTION OF A MINOR, SO AS TO INCREASE THE 9 MINIMUM AND MAXIMUM PENALTIES. 10 11 Be it enacted by the General Assembly of the State of South 12 Carolina: 13 14 SECTION 1. Chapter 15, Title 16 of the 1976 Code is amended 15 by adding: 16 17 “Section 16-15-342. (A) A person eighteen years of age or 18 older commits the offense of criminal solicitation of a minor if he 19 knowingly contacts or communicates with, or attempts to contact 20 or communicate with, a person who is under the age of eighteen, or 21 a person reasonably believed to be under the age of eighteen, for 22 the purpose of or with the intent of persuading, inducing, enticing, 23 or coercing the person to engage or participate in a sexual activity 24 as defined in Section 16-15-375(5) or a violent crime as defined in 25 Section 16-1-60. 26 (B) Consent is a defense to a prosecution pursuant to this 27 section only as follows: 28 (1) Consent is not a defense to a prosecution pursuant to the 29 provisions of this section if the person under the age of eighteen, 30 or the person reasonably believed to be under the age of eighteen, 31 is under the age of sixteen. 32 (2) Consent is a defense to a prosecution pursuant to this 33 section if the person under the age of eighteen, or the person 34 reasonably believed to be under the age of eighteen, is at least 35 sixteen years old. 36 (C) It is not a defense to a prosecution pursuant to the 37 provisions of this section, on the basis of consent or otherwise, that 38 the person reasonably believed to be under the age of eighteen is a 39 law enforcement agent or officer acting in an official capacity. 40 (D) A person who violates the provisions of this section is 41 guilty of a felony and, upon conviction, must be fined not more 42 than five thousand dollars or imprisoned for not more than ten 43 years, or both.”

1 [4451] 2 1 2 SECTION 2. Section 14-7-1610 of the 1976 Code, as last 3 amended by Act 335 of 1992, is further amended to read: 4 5 “Section 14-7-1610. It is the intent of the General Assembly to 6 enhance the grand jury system and to improve the ability of the 7 State to detect and eliminate criminal activity. The General 8 Assembly recognizes the great importance of having the federal 9 authorities available for certain investigations. The General 10 Assembly finds that crimes involving narcotics, dangerous drugs, 11 or controlled substances, as well as crimes involving obscenity, 12 often transpire or have significance in more than one county of this 13 State. When this occurs, these crimes are most effectively detected 14 and investigated by a grand jury system which has with the 15 authority to cross county lines. 16 The General Assembly further finds that there is a need to 17 enhance the grand jury system to improve the ability of the State to 18 detect and eliminate public corruption. Crimes involving public 19 corruption transpire at times in a single county, but often transpire 20 or have significance in more than one county of this State. The 21 General Assembly believes that a state grand jury, possessing 22 considerably broader investigative authority than individual county 23 grand juries, should be available to investigate public corruption 24 offenses in South Carolina. 25 The General Assembly finds it fundamentally necessary to 26 improve the ability of the State to prevent, detect, investigate, and 27 prosecute crimes that involve the depiction of children under the 28 age of eighteen in sexual activity, and obscenity crimes that are 29 directed toward or involve children under the age of eighteen. The 30 serious and unacceptable threat that these crimes pose to children 31 is self - evident and impacts the State even if the actual criminal act 32 occurs only in one county of the State. An effective effort to 33 eliminate these terrible crimes requires a coordinated effort, which 34 more effectively is accomplished through the state grand jury 35 system. The effective prevention, detection, investigation, and 36 prosecution of these crimes may require the use and application of 37 state obscenity statutes or common law offenses not specifically 38 directed toward the prevention and punishment of obscenity crimes 39 involving children. Because many of these crimes involve 40 computers, statewide jurisdiction over these crimes is consistent 41 with the jurisdiction of a state grand jury over offenses defined in 42 the Computer Crime Act. The General Assembly concludes that a 43 state grand jury must be available to employ its broad investigative

1 [4451] 3 1 powers in the investigation of child - related obscenity by enabling 2 it to investigate all obscenity offenses, regardless of their 3 multi - county impact, or whether they transpire or have 4 significance in more than one county of this State. 5 The General Assembly further finds that there is a need to 6 enhance the grand jury system to improve the ability of the State to 7 detect and investigate crimes involving the election laws, 8 including, but not limited to, those named offenses as specified in 9 Title 7, or any common law crimes involving the election laws 10 where not superseded, or any a crime arising out of or in 11 connection with the election laws, or any attempt, aiding, abetting, 12 solicitation, or conspiracy to commit a crime involving the election 13 laws. 14 The General Assembly further finds that related criminal 15 activity often arises out of or in connection with crimes involving 16 narcotics, dangerous drugs or controlled substances, obscenity, or 17 public corruption, and that the mechanism for detecting and 18 investigating these related crimes must be improved also. 19 Accordingly, the General Assembly concludes that a state grand 20 jury should be allowed to investigate certain crimes related to 21 narcotics, dangerous drugs, and obscenity and should also be 22 allowed to investigate crimes involving public corruption and 23 election laws. 24 Nothing herein limits This section does not limit the authority of 25 a county grand jury, solicitor, or other appropriate law 26 enforcement personnel to investigate, indict, or prosecute offenses 27 within the jurisdiction of the state grand jury.” 28 29 SECTION 3. Section 14-7-1630(A) of the 1976 Code, as last 30 amended by Act 78 of 2003, is further amended to read: 31 32 “(A) The jurisdiction of a state grand jury impaneled under this 33 article extends throughout the State. The subject matter 34 jurisdiction of a state grand jury in all cases is limited to the 35 following offenses: 36 (1) crimes a crime involving narcotics, dangerous drugs, or 37 controlled substances, or any a crime arising out of or in 38 connection with a crime involving narcotics, dangerous drugs, or 39 controlled substances including, but not limited to, money 40 laundering as specified in Section 44-53-475, obstruction of 41 justice, perjury or subornation of perjury, and crimes involving 42 obscenity or any attempt, aiding, abetting, solicitation, or 43 conspiracy to commit any one of the aforementioned crimes if the

1 [4451] 4 1 crimes are crime is of a multi-county nature or have has transpired 2 or are is transpiring or have has significance in more than one 3 county of this State; 4 (2) any a crime, statutory, common law or other, involving 5 public corruption as defined in Section 14-7-1615, any a crime, 6 statutory, common law or other, arising out of or in connection 7 with a crime involving public corruption as defined in Section 8 14-7-1615, and any attempt, aiding, abetting, solicitation, or 9 conspiracy to commit any a crime, statutory, common law or other, 10 involving public corruption as defined in Section 14-7-1615; 11 (3) crimes a crime involving the election laws including, but 12 not limited to, those named offenses as specified in Title 7, or any 13 a common law crimes crime involving the election laws where if 14 not superseded, or any a crime arising out of or in connection with 15 the election laws, or any attempt, aiding, abetting, solicitation, or 16 conspiracy to commit a crime involving the election laws; 17 (4) crimes involving computer crimes, pursuant to Chapter 18 16, Title 16, or any a conspiracy or solicitation to commit these 19 crimes; 20 (5) crimes a crime involving terrorism, or any a conspiracy 21 or solicitation to commit these crimes. Terrorism includes 22 activities an activity that: 23 (a) involve involves acts an act dangerous to human life 24 that are is a violation of the criminal laws of this State; 25 (b) appear appears to be intended to: 26 (i) intimidate or coerce a civilian population; 27 (ii) influence the policy of a government by 28 intimidation or coercion; or 29 (iii) affect the conduct of a government by mass 30 destruction, assassination, or kidnapping; and 31 (c) occur primarily within the territorial jurisdiction of 32 this State; and 33 (6) crimes a crime involving any a violation of Chapter 1, 34 Title 35 of the Uniform Securities Act, or any a crime related to 35 securities fraud or a violation of the securities laws.; and 36 (7) a crime involving obscenity including, but not limited to, 37 a crime as provided in Article 3, Title 16, or any attempt, aiding, 38 abetting, solicitation, or conspiracy to commit a crime involving 39 obscenity.” 40 41 SECTION 4. Section 16-15-445(A) of the 1976 Code is amended 42 to read: 43

1 [4451] 5 1 “(A) All equipment used directly by a person in committing a 2 violation of Section Sections 16-15-305, 16 - 15 - 342, 16-15-395, or 3 16-15-405, or 16 - 15 - 410 including necessary software, may be 4 seized by the law enforcement agency making the arrest and 5 ordered forfeited by the court in which the conviction was 6 obtained.” 7 8 SECTION 5. Section 16-15-335 of the 1976 Code is amended to 9 read: 10 11 “Section 16-15-335. Any An individual eighteen years of age 12 or older who knowingly, in any manner, hires, employs, uses, or 13 permits any a person under the age of eighteen years to do or assist 14 in doing any an act or thing constituting an offense under pursuant 15 to this article and involving any material, act, or thing he knows or 16 reasonably should know to be obscene within the meaning of 17 Section 16-15-305 is guilty of a felony and, upon conviction, must 18 be imprisoned for not more than five ten years.” 19 20 SECTION 6. Section 16-15-345 of the 1976 Code is amended to 21 read: 22 23 “Section 16-15-345. Any An individual eighteen years of age 24 or older who knowingly disseminates to any a person under the 25 age of eighteen years any material which he knows or reasonably 26 should know to be obscene within the meaning of Section 27 16-15-305 is guilty of a felony and, upon conviction, must be 28 imprisoned for not more than five ten years.” 29 30 SECTION 7. Section 16-15-355 of the 1976 Code is amended to 31 read: 32 33 “Section 16-15-355. Any An individual eighteen years of age 34 or older who knowingly disseminates to any a minor twelve years 35 of age or younger any material which he knows or reasonably 36 should know to be obscene within the meaning of Section 37 16-15-305 is guilty of a felony and, upon conviction, must be 38 imprisoned for not more than ten fifteen years.” 39 40 SECTION 8. Section 16-15-385(D)of the 1976 Code is amended 41 to read: 42

1 [4451] 6 1 “(D) A person who violates the provisions of this section is 2 guilty of a felony and, upon conviction, must be imprisoned not 3 more than five ten years or fined not more than five thousand 4 dollars, or both.” 5 6 SECTION 9. Section 16-15-387 of the 1976 Code is amended to 7 read: 8 9 “Section 16-15-387. (A) It is unlawful for any a person to 10 employ a person under the age of eighteen years to appear in a 11 state of sexually explicit nudity, as defined in Section 12 16-15-375(6), in a public place. 13 (B) Mistake of age is not a defense to a prosecution under 14 pursuant to this section. A person who violates the provisions of 15 this section is guilty of a felony and, upon conviction, must be 16 imprisoned not more than five ten years or fined not more than five 17 thousand dollars, or both.” 18 19 SECTION 10. Section 16-15-395(D) of the 1976 Code is 20 amended to read: 21 22 “(D) A person who violates the provisions of this section is 23 guilty of a felony and, upon conviction, must be imprisoned for not 24 less than three five years nor more than ten twenty years. No part 25 of the minimum sentence of imprisonment may be suspended nor 26 is the individual convicted eligible for parole until he has served 27 the minimum term of imprisonment. Sentences imposed pursuant 28 to this section shall must run consecutively with and commence at 29 the expiration of any other another sentence being served by the 30 person sentenced.” 31 32 SECTION 11. Section 16-15-405(D) of the 1976 Code is 33 amended to read: 34 35 “(D) A person who violates the provisions of this section is 36 guilty of a felony and, upon conviction, must be imprisoned not 37 less than two three years nor more than five ten years. No part of 38 the minimum sentence may be suspended nor is the individual 39 convicted eligible for parole until he has served the minimum 40 sentence.” 41 42 SECTION 12. Section 16-15-410(C) of the 1976 Code, as last 43 amended by Act 73 of 1991, is amended to read:

1 [4451] 7 1 2 “(C) A person who violates the provisions of this section is 3 guilty of a felony and, upon conviction, must be imprisoned not 4 more than five ten years.” 5 6 SECTION 13. Section 16-15-415(C) of the 1976 Code is 7 amended to read: 8 9 “(C) An individual who violates the provisions of this section is 10 guilty of a felony and, upon conviction, must be imprisoned for not 11 less than three five years nor more than ten twenty years. No part 12 of the minimum sentence may be suspended nor is the individual 13 convicted eligible for parole until he has served the minimum 14 sentence. Sentences imposed pursuant to this section shall must 15 run consecutively with and shall must commence at the expiration 16 of any other another sentence being served by the individual 17 sentenced.” 18 19 SECTION 14. The repeal or amendment by this act of any law, 20 whether temporary or permanent or civil or criminal, does not 21 affect pending actions, rights, duties, or liabilities founded thereon, 22 or alter, discharge, release or extinguish any penalty, forfeiture, or 23 liability incurred under the repealed or amended law, unless the 24 repealed or amended provision shall so expressly provide. After 25 the effective date of this act, all laws repealed or amended by this 26 act must be taken and treated as remaining in full force and effect 27 for the purpose of sustaining any pending or vested right, civil 28 action, special proceeding, criminal prosecution, or appeal existing 29 as of the effective date of this act, and for the enforcement of 30 rights, duties, penalties, forfeitures, and liabilities as they stood 31 under the repealed or amended laws. 32 33 SECTION 15. Section 23-3-430(C) of the 1976 Code, as last 34 amended by Act 363 of 2000, is further amended by adding: 35 36 “(20) criminal solicitation of a minor (Section 16-15-342).” 37 38 SECTION 16. Section 44-48-30(2) is amended by adding: 39 40 “(p) criminal solicitation of a minor, as provided in Section 41 16-15-342.” 42

1 [4451] 8 1 SECTION 17. This act takes effect upon approval by the 2 Governor. 3 ----XX---- 4

1 [4451] 9