Governor Henry McMaster was joined by State Representative Robby Robbins, Attorney General Alan Wilson, Congresswoman Nancy Mace, and other members of the General Assembly for a bill signing of S. 142, which creates the crime of child luring and strengthens protections for human trafficking victims across South Carolina.
“As a former prosecutor, I’ve seen first hand the effects of child trafficking. This is a needed step to protect our children in this state further.”
– Rep. Robby Robbins
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.
“Protecting our children and victims of human trafficking is essential to building safe communities and allowing our state to continue to thrive. 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,” said Governor McMaster.
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.
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.