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South CarolinaS 0235126th General Assembly (2025-2026)SenateWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO DEFINE THE TERM "PROSTITUTION," REVISE THE STATUTE AND PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS TO PROSECUTION FOR VICTIMS OF HUMAN TRAFFICKING AND VICTIMS UNDER THE AGE OF EIGHTEEN; BY AMENDING SECTION 16-15-100, RELATING TO FURTHER ACTS OF PROSTITUTION, SO AS TO DEFINE NECESSARY TERMS, REVISE THE STATUTE REGARDING PROMOTING PROSTITUTION, INCREASE THE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS TO PROSECUTION TO PERSONS COERCED AS RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING; BY AMENDING SECTION 16-15-110, RELATING TO SOLICITATION OF PROSTITUTION OFFENSES, SO AS TO DEFINE THE TERM "PROSTITUTION," AND INCREASE THE PENALTIES FOR VIOLATIONS; AND BY ADDING SECTION 16-15-115 SO AS TO PROVIDE THAT PERSONS PREVIOUSLY CONVICTED OF A PROSTITUTION OFFENSE MAY BE ELIGIBLE TO PARTICIPATE IN A TREATMENT AND REHABILITATION PROGRAM UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE FOR EXPUNGEMENT OF THE ARREST RECORD.

Sponsored By: Josh Kimbrell (Republican)

Signed by Governor

Summary

Prostitution

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Higher penalties for buying sex

It is illegal to solicit or offer money or anything of value to a prostituted person for sex. Penalties increase: first offense is at least $2,000 and up to 2 years in prison. A second offense is at least $3,000 and up to 3 years. A third or later offense is at least $5,000 (up to $10,000) and up to 5 years in prison.

Treatment and expungement for first offense

If you have no prior prostitution conviction and plead guilty or are found guilty, the court can pause the case and put you on probation without entering judgment. The court may require treatment at a state‑supported facility. If you finish all conditions, the court must dismiss the case; this one‑time option leaves only a nonpublic SLED record. Before discharge, you must pay a $150 fee, which the court can reduce or waive if you are indigent. After dismissal, you can ask the court to expunge public records of the arrest and case; the court must grant it after a hearing.

Harsher penalties for promoting prostitution

The law cracks down on promoting or profiting from prostitution. It bans recruiting, sexual grooming, taking or paying to procure someone, running locations, transporting people, leasing property for this use, and advertising on public media. Penalties rise: first offense is at least $3,000 and up to 3 years in prison; second is at least $5,000 and up to 5 years; third or later is a felony with $5,000 to $10,000 and up to 10 years. Sexual grooming is defined as building an emotional bond to lower someone’s defenses to have sex. A person who was coerced or trafficked can raise an affirmative defense.

New rules and penalties for prostitution

The law defines prostitution as sexual activity for money or anything of value. It is illegal to engage in prostitution, to indecently expose a person for prostitution, or to live in or enter a place for that purpose. Penalties: first offense up to $200 or 30 days in jail; second up to $500 or 60 days; third or later up to $3,000 or one year. A person who was under duress, coerced, or trafficked has an affirmative defense. Anyone under 18 at the time is immune from prosecution. These cases are tried in magistrate court.

Sponsors & Cosponsors

Sponsor

  • Josh Kimbrell

    Republican • Senate

Cosponsors

  • Matthew W. "Matt" Leber

    Republican • Senate

  • Jeff Zell

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 147 • No: 1

House vote • 5/13/2026

(Prostitution)Passage of Bill

Yes: 107 • No: 1

Senate vote • 3/25/2025

(Prostitution)2nd Reading

Yes: 40 • No: 0

Actions Timeline

  1. Effective date 05/18/26

    6/5/2026legislature

  2. Act No. 192

    6/2/2026legislature

  3. Signed By Governor

    5/18/2026Governor

  4. Ratified R 222

    5/15/2026legislature

  5. Concurred in House amendment and enrolled

    5/14/2026Senate

  6. Scrivener's error corrected

    5/14/2026legislature

  7. Read third time and returned to Senate with amendments

    5/14/2026House

  8. Roll call Yeas-107 Nays-1

    5/13/2026House

  9. Read second time

    5/13/2026House

  10. Amended

    5/13/2026House

  11. Debate adjourned

    5/12/2026House

  12. Scrivener's error corrected

    5/7/2026legislature

  13. Committee report: Favorable with amendment Judiciary

    5/6/2026House

  14. Referred to Committee on Judiciary

    4/2/2025House

  15. Introduced and read first time

    4/2/2025House

  16. Scrivener's error corrected

    3/28/2025legislature

  17. Read third time and sent to House

    3/27/2025Senate

  18. Roll call Ayes-40 Nays-0

    3/25/2025Senate

  19. Read second time

    3/25/2025Senate

  20. Amended

    3/25/2025Senate

  21. Committee Amendment Tabled

    3/25/2025Senate

  22. Scrivener's error corrected

    3/17/2025legislature

  23. Committee report: Favorable with amendment Judiciary

    3/12/2025Senate

  24. Scrivener's error corrected

    3/3/2025legislature

  25. Referred to Subcommittee: Adams (ch), Kimbrell, Devine, Blackmon, Kennedy, Leber, Walker

    2/21/2025Senate

Bill Text

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