COLUMBIA, S.C. – Governor Henry McMaster and Lieutenant Governor Pamela S. Evette on Aug 15th, were joined by Attorney General Alan Wilson, Congresswoman Nancy Mace, and members of the General Assembly for a ceremonial bill signing of S. 142, which creates the crime of child luring and strengthens protections for human trafficking victims across South Carolina.
"Protecting our children and victims of human trafficking is essential to building safe communities and allowing our state to continue to thrive," said Governor Henry McMaster. "By enacting this legislation, we are not only defending our people but equipping our prosecutors and law enforcement with additional tools to ensure criminals are held accountable."
The criminal offense of child luring applies to adults who lure, entice, or attempt to lure a child with the intent to harm them. This carries a felony penalty of no more than $10,000, a sentence of no more than ten years, or both. The act also expands the definition of sex trafficking to include the sexual exploitation of minors as well as participation in the prostitution of a minor.
Victims of human trafficking may now motion the court to expunge a non-violent offense stemming from trafficking if they were forced to commit the crime by their captor. Further, the bill adds that a person under the age of eighteen who is a victim of human trafficking may not be prosecuted for prostitution or any other non-violent misdemeanor or class F felony.
"We need to prevent victims from being prosecuted for crimes they committed because they were entangled in the human trafficking ring," said Attorney General Alan Wilson. "I am so grateful we brought in safe harbor to protect victims of human trafficking."
Additionally, the bill establishes an address confidentiality program through the Attorney General's Office that allows domestic violence victims and others to use a designated address to conceal their place of residence from their abusers.
"This bill is an important step forward in protecting the innocent and making it easier for them to come forward," said Senator Katrina Shealy. "Together, each part of this act will work to build a stronger body of armor for children and victims in South Carolina."
Further, it addresses sentencing issues related to kidnapping and murder. It removes a provision in the existing criminal code that impeded independent sentencing for kidnapping if the offender was also sentenced for murder. This change ensures that, even if a murder conviction is overturned, the individual can still face punishment for a separate kidnapping offense.