South CarolinaS 0405126th General Assembly (2025-2026)Senate

AN ACT 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.

Sponsored By: Thomas C. Alexander (Republican)

Signed by Governor

Summary

Homicide by Child Abuse

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Bill Overview

Analyzed Economic Effects

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

Child abuse death law covers under 18

Beginning March 9, 2026, South Carolina treats a child as under 18 for the crime of homicide by child abuse. A person is guilty if they cause the death of a child under 18 while abusing or neglecting the child, under circumstances showing extreme indifference to human life. A person is also guilty if they knowingly help someone else abuse or neglect a child and that abuse causes the child’s death. Abuse or neglect includes inflicting physical injury (including excessive corporal punishment), failing to provide food, clothing, shelter, or health care that causes a fatal condition, or abandoning the child leading to death. The penalty for causing the death during abuse or neglect can be life in prison, and not less than 20 years. The penalty for aiding or abetting is 10 to 20 years in prison. Judges must weigh aggravating facts, including a past pattern of child abuse or neglect, and a child’s crying does not reduce the sentence.

Sponsors & Cosponsors

Sponsor

  • Thomas C. Alexander

    Republican • Senate

Cosponsors

  • Shane R. Martin

    Republican • Senate

  • Tom Young, Jr.

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 155 • No: 0

House vote • 2/5/2026

(Homicide by Child Abuse)Passage of Bill

Yes: 110 • No: 0

Senate vote • 4/1/2025

(Homicide by Child Abuse)2nd Reading

Yes: 45 • No: 0

Actions Timeline

  1. Act No. 101

    3/12/2026legislature
  2. Effective date 03/09/26

    3/12/2026legislature
  3. Signed By Governor

    3/9/2026Governor
  4. Ratified R 106

    3/5/2026legislature
  5. Ordered enrolled for ratification

    3/5/2026House
  6. House recedes from amendment

    3/5/2026House
  7. Non-concurrence in House amendment

    2/11/2026Senate
  8. Read third time and returned to Senate with amendments

    2/6/2026House
  9. Unanimous consent for third reading on next legislative day

    2/5/2026House
  10. Roll call Yeas-110 Nays-0

    2/5/2026House
  11. Read second time

    2/5/2026House
  12. Amended

    2/5/2026House
  13. Committee report: Favorable with amendment Judiciary

    2/3/2026House
  14. Referred to Committee on Judiciary

    4/3/2025House
  15. Introduced and read first time

    4/3/2025House
  16. Read third time and sent to House

    4/2/2025Senate
  17. Roll call Ayes-45 Nays-0

    4/1/2025Senate
  18. Read second time

    4/1/2025Senate
  19. Committee report: Favorable Judiciary

    3/26/2025Senate
  20. Referred to Committee on Judiciary

    3/4/2025Senate
  21. Introduced and read first time

    3/4/2025Senate

Bill Text

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