A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM under the age of ELEVEN TO under the age of EIGHTEEN.

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

SECTION 1.  Section 16-3-85 of the S.C. Code is amended to read:

    Section 16-3-85. (A) A person is guilty of homicide by child abuse if the person:

       (1) causes the death of a child under the age of eleven eighteen while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life;  or

       (2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eleveneighteen.

    (B) For purposes of this section, the following definitions apply:

       (1) "childChild abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare;.

       (2) "harmHarm" to a child's health or welfare occurs when a person:

           (a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;

           (b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death;  or

           (c) abandons the child resulting in the child's death.

    (C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

       (1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years;  or

       (2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

    (D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleveneighteen, and any mitigating circumstances;  however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

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

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