TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-386 SO AS TO CREATE THE OFFENSE OF SEXTING FOR A PERSON LESS THAN EIGHTEEN YEARS OF AGE; TO PROVIDE FOR CIVIL FINES AND COSTS FOR COMMITTING A FIRST OR SECOND OFFENSE; TO PROVIDE FOR A MISDEMEANOR AND A CRIMINAL FINE AND COSTS FOR COMMITTING THREE OR MORE OFFENSES; TO PROHIBIT THE ARREST OR PLACEMENT IN THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE OR OTHER CONFINEMENT FOR COMMITTING A FIRST OR SECOND OFFENSE, WITH CERTAIN EXCEPTIONS; TO PROHIBIT PROSECUTION OF A PERSON WHO HAS COMMITTED A FIRST OR SECOND SEXTING OFFENSE UNDER THIS SECTION OF COMMITTING CERTAIN OTHER CRIMES; TO PROHIBIT PLACEMENT ON THE SEX OFFENDER REGISTRY FOR COMMITTING AN OFFENSE UNDER THIS SECTION; TO PROVIDE FOR CONTEMPT OF COURT AND REQUIRED COMMUNITY SERVICE FOR FAILURE TO PAY FINES FOR FIRST AND SECOND OFFENSES; AND TO VEST EXCLUSIVE JURISDICTION TO HEAR ALLEGED OFFENSES IN THE MUNICIPAL AND MAGISTRATES COURT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 3, Chapter 15, Title 16 of the 1976 Code is amended by adding:

"Section 16-15-386.    (A)    A person who is less than eighteen years of age shall not use a telecommunications device to knowingly transmit or distribute to another person a photograph or text message with an attached photograph depicting a person who is less than eighteen years of age in a state of sexual activity, as defined by Section 16-15-375(5), or a state of sexually explicit nudity, as defined by Section 16-15-375(6).

(B)    A person less than eighteen years of age does not knowingly transmit or distribute the material in violation of this section by reporting the matter to a law enforcement agency, teacher, principal, or parent, or by affording a law enforcement agency, teacher, principal, or parent access to the image.

(C)    A person who violates this section:

(1)    for a first offense, commits a noncriminal offense and is subject to a civil fine of one hundred and fifty dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges;

(2)    for a second offense, commits a noncriminal offense and is subject to a civil fine of five hundred dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges; and

(3)    for a third or subsequent offense, is guilty of a misdemeanor, and, upon conviction, being adjudicated delinquent, or entry of a plea of guilty or nolo contendere must be fined one thousand dollars.

(D)    A person may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, or committed to the custody of the Department of Juvenile Justice for a first or second offense violation of this section. However, if a person fails to pay a civil fine for a first or second offense violation of this section, the court may hold the person in contempt of court and order the person to perform community service.

(E)    A person who commits a first or second offense violation of this section must not be prosecuted under Section 16-15-305, 16-15-325, 16-15-345, or 16-15-410, unless, upon motion of the solicitor, the court, in its discretion, determines that such prosecution is in the interest of justice.

(F)    A person who has been convicted of a violation of this section must not be required to register with the sex offender registry pursuant to Article 7, Chapter 3, Title 23.

(G)    Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrates court."

SECTION    2.    This act takes effect upon approval by the Governor.