Policy News and Information for South Carolina's Children
Policy Post
Jan. 29, 2019
On the S.C. Legislative Radar: Solicitation, Child Marriage Bills Gather Momentum
Prostitution and Trafficking

Individuals involved in prostitution often have abusive and neglectful childhoods and many were victims of sex trafficking while minors. Increased penalties are expected to raise the enforcement priority among law enforcement agencies.

S.194 increases penalties for solicitation. It passed out of the Judiciary Committee, where it was amended to further emphasize minors can’t be charged. On the Senate floor, it was further amended to specify an "affirmative defense" for such minors. A floor vote was held, and the bill passed unanimously, but that vote may need to be retaken for procedural reasons.

S.188 provides safe harbor for exploited minors. It offers identity and prosecution protection for those trafficked. It was carried over by the Senate Judiciary Committee. Debate is ongoing as to whether minors should be provided either an affirmative defense or immunity from prosecution. The latter can be appealed in court.

Child Marriage

Sen. Katrina Shealy filed another Senate bill addressing child marriages. She told media outlets when she learned the current law has no minimum age limits for marriage, she felt compelled to change the law.

For women, underage marriage correlates with higher lifetime rates of partner violence, divorce, poverty, and both physical and mental health challenges. An investigation highlighting the legality and prevalence of such marriages in South Carolina was published in the Post and Courier last summer.

S.196 eliminates all underage pregnancy marriage, aiming to deal with both a conflict in existing law as well as a 16-to-18-year-old loophole. It was adopted by the full Judiciary Committee and reached the Senate floor on Thursday. A vote by the full chamber is likely this week. H.3369 , the companion bill, was passed out the General Laws subcommittee and heads to the House Judiciary Committee.

Newly introduced, S.395 is broader than S.196 and H.3369. It raises the age for any marriage in South Carolina from 16 to 18 in all cases, regardless of a pregnancy. It also repeals the separate (but conflicting) portion of existing law that allow for pregnancy exceptions. 

Be There


  • Tuesday or Wednesday, Jan. 29 or 30: Senate floor votes on S.194 and S.196


Debating Clergy as Mandated Reporters
In the wake of high-profile clergy abuse scandals , several states are considering making members of the clergy mandated reporters.

In South Carolina, members of the clergy who are at least 18 years old are already mandated reporters and are required by law to report suspected child abuse or neglect. As mandated reporters, clergy members must report when in their professional capacity they have received information which gives them reason to believe a child has been or may be abused or neglected.

In 2018, South Carolina lawmakers amended that law to specifically include "member of the clergy including a Christian Science Practitioner or religious healer, clerical or nonclerical religious counselor." That reform, led by Rep. Bruce Bannister, also made it clear that reporting to one’s supervisor does not relieve a mandated reporter of their legal requirement to contact either DSS or law enforcement.
Policy Post is published by Children's Trust of South Carolina.
Children’s Trust of South Carolina is the statewide organization focused on the prevention of child abuse and neglect. We provide funding, resources and training to help local program partners build strong families and positive childhoods. Children’s Trust leads the state’s coordinated efforts for the Strengthening Families Program; Triple P (Positive Parenting Program); S.C. Adverse Childhood Experiences Initiative; Maternal, Infant and Early Childhood Home Visiting; Child Abuse Prevention Month; Child Well-Being Coalition; and KIDS COUNT.