Showing posts with label South Carolina. Show all posts
Showing posts with label South Carolina. Show all posts

Thursday, July 31, 2025

Disgraced ex-cop Jessica Way (allegedly) tried ripping off both Registered Persons AND the government

 Only the government is legally allowed to rob people forced to registry. 

https://www.wistv.com/2025/07/28/ex-richland-county-deputy-accused-stealing-money-sex-offenders/

Ex-Richland County deputy accused of stealing money from sex offenders

By Marley Bassett

Published: Jul. 28, 2025 at 2:58 PM CDT|Updated: Jul. 28, 2025 at 5:34 PM CDT

COLUMBIA, S.C. (WIS) - A former deputy with the Richland County Sheriff’s Department was arrested after allegedly stealing money from (REGISTERED PERSONS).

RCSD said 31-year-old Jessica Way was arrested Monday and charged with petit larceny.

The department said the charge was linked to an internal audit from July 16 that showed a $410 cash discrepancy from ... registry receipts.

The audit information was then given to the sheriff’s department’s criminal investigations division to open a case. According to authorities, the investigation found Way allegedly stole money from (Registrants) in small amounts as they came to register.

RCSD said Way was terminated on July 24 and confessed when questioned about the crimes. The department said she was employed there for just under four years in the ... registry unit.

Records show Way was booked at the Alvin S. Glenn Detention Center before posting a $2,125 bond on Monday.



Friday, December 13, 2024

Nancy Mace the SC disgrace wants a nationwide ban on Registered Persons in shelters

Which one's the dog?
And to think, some folks think the incoming administration is going to benefit us in some way. I tried to warn folks about voting for Trump. This is JUST THE BEGINNING!

Nancy Mace is one of the kookiest congresspeople. In the past year, she was hit with an ethics complaint, introduced an anti-trans bathroom bill on US Capitol grounds, and made a dubious claim of being "assasulted" by a trans-activist. Her arm may be in a sling but her brain is himly up her ass. 

And notice that Rep. Lauren Boebert, who is married to a Registered Person, is a co-sponsor of the bill. This next administration is going to be a nightmare. 

******

https://mace.house.gov/media/press-releases/congresswoman-nancy-mace-introduces-safe-shelters-act-2024-protect-women-and

CONGRESSWOMAN NANCY MACE INTRODUCES THE "SAFE SHELTERS ACT OF 2024" TO PROTECT WOMEN AND CHILDREN IN EMERGENCY SHELTERS

December 12, 2024

Press Release

(WASHINGTON, D.C., December 12th, 2024) - Rep. Nancy Mace, a survivor and advocate for women, is pushing the Safe Shelters Act to bar registered sex offenders from emergency shelters shared with women and children during disasters.

This bill has been cosponsored by Reps. Anna Paulina Luna, Van Drew, Weber and Boebert.

The bill builds upon policies in Florida counties like Flagler and Marion which require sex offenders to evacuate to separate facilities or dedicated shelters. Mace's bill:

  • Prohibits sex offenders from entering undesignated emergency shelters
  • Requires immediate notification to shelter operators of sex offender registration status
  • Allows FEMA to designate specific shelters for registered sex offenders
  • Establishes federal penalties for non-compliance, including potential fines and imprisonment

"In times of crisis, shelters must be sanctuaries, not hunting grounds for predators," said Rep. Nancy Mace. "Women and girls are 3.5 times more likely to experience sexual violence in chaotic, post-disaster environments. Women and children deserve safety, protection, and peace of mind. Our bill will make sure disaster shelters remain a place of refuge for those in their most vulnerable state.“

"Women and children should never face the risk of being exposed to sex offenders in emergency shelters. While providing shelter during emergencies is essential, these places should be free from other dangers," said Rep. Luna. "FEMA must establish emergency shelters that restrict access to sexual predators. I am proud to co-sponsor this critical legislation protecting vulnerable disaster victims from any potential further harm. Our emergency shelters should be safe, secure, and free from harm for all who seek refuge."

Read the full bill here:

https://mace.house.gov/sites/evo-subsites/mace.house.gov/files/evo-media-document/Safe%20Shelters%20Act%20Rep%20Mace_1.pdf

It was supposedly introduced yesterday but I see no number attached to it at this time. i'll add the addendum when it is assigned one. 

Some additional info below:

https://mace.house.gov/media/in-the-news/icymi-rep-nancy-mace-introduces-bill-block-sex-offenders-entering-emergency

ICYMI: Rep. Nancy Mace Introduces Bill to Block Sex Offenders From Entering Emergency Shelters, New York Post

December 12, 2024, Ryan King, The New York Post

Rep. Nancy Mace (R-SC) unveiled legislation Thursday aimed at protecting women and children from registered sex offenders in emergency shelters during natural disasters.

Mace’s legislation, the Safe Shelters Act, is modeled after the policy in Florida, where the government designates specific buildings or shelters for sex offenders to keep everyone else safe.

“Except for the purpose of seeking information on designated shelters, a covered sex offender may not enter or use the services of an undesignated shelter,” the bill stipulates.

Under the Safe Shelters Act, the Federal Emergency Management Agency (FEMA) administrator would be tasked with determining suitable emergency spaces for registered sex offenders.

FEMA can look to federal buildings or prisons deemed suitable by the General Services Administration for sex offender spaces, according to the bill. The congresswoman had teased the bill earlier this week.

“Why stop there? All sex offenders should be banned from all shelters also. I’ve got a bill for this,” she wrote on X in response to a post about keeping men out of women’s shelters.

Her legislation specifically applies to individuals who are in the national sex offender registry. Individuals who knowingly violate the policy could face fines and up to five years behind bars. Florida has had a similar policy in effect for almost two decades, which it pursued to handle hurricane season. Mace’s legislation pitch also modeled itself after ordinances in Florida that implement that policy.

The Palmetto State Republican, who has come forward as a rape survivor, previously introduced legislation targeting sex offenders. Back in April, for instance, she furnished an amendment to border legislation to automatically deport sex offenders. On Tuesday, the congresswoman announced that she was “physically accosted” in the Capitol complex “over my fight to protect women” and later posted a picture on social media of her donning a sling. Her office explained that she was in pain Wednesday and noted that it was limited in the details it could share due to the ongoing investigation.

The suspect, James McIntyre, 33, from Illinois, was later detained by Capitol Police in the Rayburn House Office Building over the incident. McIntyre pleaded not guilty on Wednesday to a charge for assaulting a government official. A police report later revealed Mace’s version of events, in which she alleged that the suspect “began to aggressively and in an exaggerated manner shake her arm up and down.”

“The victim stated that she attempted to pull her hand away from the subject but was held in place by the subject,” the report added.

The South Carolina Republican has introduced legislation aimed at sex offenders in the past.

Last month, Mace introduced legislation requiring transgenders to utilize the bathroom in federal buildings that correspond with their biological sex at birth.

She had also backed a similar measure that was limited to the Capitol Complex, which preempted Rep.-elect Sarah McBride (D-Del.) getting sworn into Congress next month.

McBride is the first openly transgender lawmaker elected to the House of Representatives.

House Speaker Mike Johnson (R-La.) later announced a policy restricting transgender women from utilizing bathrooms intended for biological women.

Mace later had a call with President-elect Donald Trump over the alleged altercation in the Capitol complex on Tuesday.

“Thank you, Mr. President, for checking in on me and for standing up for women. We cannot wait to see you back in the White House,” she wrote on X.



Monday, April 18, 2022

Sabrina Mellerson, now EX-Clarendon Co SC Sheriff's deputy, arrested for embezzling Registered Persons



Registry fees are a scam and should be eliminated. 

https://wach.com/news/local/former-deputy-and-victims-advocate-arrested-faces-embezzlement-charges

CLARENDON COUNTY, S.C. (WACH) — On Friday, a former Clarendon County deputy and victims advocate was arrested by South Carolina Law Enforcement Division agents.

Sabrina Mellerson, 34, has been arrested and faces charges of misconduct in office and embezzlement.

SLED conducted the investigation at the request of Clarendon County Sheriff Tim Baxley.

According to reports, Mellerson is accused of taking money from sex offender registrants in her role as a deputy at the Clarendon County Sheriff's Office.

On April 7, Mellerson confessed to SLED Agents that she took cash from payments made to the sheriff's office and used the money for her personal use.

SLED said they will not be providing further details on the specific case but for general context and understanding included a proviso that allows Sheriff’s Offices in South Carolina to collect a yearly fee from registered sex offenders to be put on the list.

Proviso 62.10. (SLED: Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law. If such sex offender has been declared indigent by the Sheriff of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered. This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry.

Mellerson was booked at the Clarendon County Detention Center.

Wednesday, March 2, 2022

South Carolina State Senator Greg Hembree likens reforming the registry to "playing with live rounds"

At least he didn't quote Lauren Book's "ticking time bombs" shtick, but it is close enough.  

https://www.wspa.com/news/state-news/bill-sets-parameters-for-south-carolina-sex-offenders-to-get-off-registry/

Bill sets parameters for South Carolina sex offenders to get off registry

by: Braley Dodson

Posted: Feb 25, 2022 / 02:57 PM EST

COLUMBIA, S.C. (WBTW) — A proposed bill in the South Carolina Senate would set out guidelines for convicted rapists to petition a court to be removed from the sex offender registry.

The bill is in response to a South Carolina Supreme Court ruling last year stating that it’s unconstitutional for the state to not have a process that would allow sex offenders to be removed from the registry.

The bill was proposed by Sen. Greg Hembree (R-Horry County) on Feb. 16 and remains in the Senate Committee on Judiciary. No other senators are listed as sponsors on the bill.

That judicial ruling, Hembree said, has created a race against time to create a bill.

“The thing that is so dangerous about this — and we are kind of playing with live rounds — is the court says, ‘If you don’t have a law in place at this point, then everybody is going to get put off the sex offender registry,'” Hembree said.

He said that there are “dangerous, scary people” who need to be kept on the registry.

“The clock is ticking against law and order, and in favor of those who would do away with this,” Hembree said.

The deadline to pass a bill is June 9.

Various stakeholders, including prosecutors and public defenders, met to draft the legislation. As an attorney, Hembree said he was a good fit to take up the bill.

Depending on how the offense is categorized, people convicted of sexual offenses can petition a court to get off the registry either 15 or 30 years after their conviction.

The proposed three-tier system of offenses is as follows:

Tier I

Criminal sexual conduct in the third degree

Kidnapping of a person 18 years of age or older, unless the offenses included a criminal sexual offense or an attempted sexual offense

Incest

Buggery

Peeping, voyeurism or aggravated voyeurism

Indecent exposure

Sexual intercourse with a patient or trainee

Administering, distributing, dispensing, delivering or aiding, abetting, attempting or conspiring to administer, distribute, dispense or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f) of state code (except petit larceny or grand larceny or any other offense required by Title I of the federal Adam Walsh Child Protection or Safety Act of 2006, the Sex Offender Registration and Notification Act)

Tier II

Criminal sexual conduct in the second degree

Engaging a child for sexual performance

Producing, directing or promoting sexual performance by a child

Trafficking in persons, except when it did not include a criminal sexual offense or an attempted criminal sexual offense

Criminal sexual conduct with minors, second degree, if evidence presented at the criminal proceeding and the court makes a finding that the conviction for the offense resulted from a consensual sexual conduct if the offender was 18 years or younger at the time, or there was consensual sexual conduct between persons under the age of 16, the convicted person is not an offender and is not required to register pursuant to the provisions of the article

Criminal sexual conduct with minors, third degree

Criminal solicitation of a minor if the purpose of the solicitation or attempted solicitation was to persuade, induce, entice or coerce the person solicited to engage or participate in sexual activity, or if it was to perform a sexual activity in the presence of the person who was solicited

Tier III

Criminal sexual conduct in the first degree

Criminal sexual conduct with minors, first degree

Criminal sexual conduct: assault with intent to commit

Kidnapping of a person under 18 years of age, except for when the offense is committed by the child’s parent

Criminal sexual conduct when the victim is a spouse

Sexual battery of a spouse

Any Tier III committed after the offender becomes a Tier I or Tier II offender

Under current law, those who are convicted of sexual offenses — and aren’t found not guilty by reason of insanity — are required to be on the registry.

A Tier I offender can petition a circuit court to be removed from the sex offender registry 15 years after they were discharged from jail without supervision, or after their probation, parole or other alternative to incarceration ends.

Tier II and Tier III offenders can apply after 30 years from when they’re released from prison or jail without supervision, or when their supervision, parole or other alternative to incarceration ends.

The court may ask for South Carolina Department of Mental Health to evaluate the offender to see if they post a risk of committing another sex crime.

“The court must make a determination upon a finding by clear and convincing evidence that the offender is no longer a foreseeable risk to re-offend and that it is in the best interest of justice to grant the motion for removal from the requirement of registration,” the bill reads.

If the request to be removed from the registry is denied, then then the person who was convicted has to wait five years to apply again.

If passed, the act would be retroactive.

In South Carolina, those convicted of first-degree criminal sexual conduct — the highest sexual offense — are sentenced to up to 30 years of incarceration. Second-degree sexual conduct can lead to up to 20 years, and third-degree criminal sexual conduct can come with a sentence of up to 10 years.

In the ruling for the case, Dennis J. Powell vs. the South Carolina Law Enforcement Division, Chief Justice Donald Beatty wrote the Powell’s argument that being on the sex offender list for life “is punitive under the Eighth Amendment” and violates Powell’s “rights to due process and equal protection.”

The ruling states that it’s unconstitutional to not have an opportunity for a judicial review to see if an offender would re-offend.

Powell was arrested for criminal solicitation of a minor in February 2008 after having “graphically sexual” conversations on the internet with an undercover police officer posing as a 12-year-old girl. Powell pleaded guilty in 2009 and sentenced to two years in prison, suspended to one year of probation.

Powell completed his probationary sentence, finished outpatient psychiatric treatment and was accessed by two mental health professionals who said he had a low risk of re-offending.

Hembree doesn’t expect his proposal to be the final form of the bill. He’s hopeful it will receive a hearing soon.

“It doesn’t have to be perfect,” he said. “We don’t perfect to be the end of good, here.”

News13 has reached out to the South Carolina Coalition Against Domestic Violence and Sexual Assault for comment and have not heard back.

Sunday, September 5, 2021

Victim industry advocate Carrie Nettles teaches churches "assume all sex offenders are lying"

That is not a very Christian thing to say. But this is exactly why I say these idiotic victi advocates have NO place in discussions like this. The rest of the article was also full of bad advice, too, but this was the worst of it. 

https://baptistnews.com/article/what-should-you-do-if-a-sex-offender-wants-to-attend-your-church/#.YTTfNo5KjIU

“With this population of people, start by assuming they are lying,” said Nettles, who works with rape victims.

Even if they try to explain that a past situation wasn’t really as bad as others reported it to be, church leaders should beware, she explained. “That is the MO of most perpetrators, to use a known truth to come across as genuine. There’s usually a drastic difference in what really happened.”

This is an urgent issue for church leaders to think about in advance, Nettles said, because sex offenders like to come to church. She reported that 93% of sex offenders identify as “very religious,” and, “the ones who are more religious have more offenses and more victims.”.

Thursday, January 28, 2021

South Carolina finds the time amidst the global pandemic and economic crisis to push Predator Panic in sex-doll ban

It is nice to know that Republican SC State Senator Katrina Shealy thinks filing a bill to make it illegal to own a child-shaped hunk of plastic and silicone is far more important than the pandemic, the economy, and healing our country after her party damn near destroyed it. 

https://jeffduncan.house.gov/media/press-releases/sc-state-senator-prefiles-legislation-builds-congressman-duncans-justice-act

“The practice of exploiting children is sickening and we are going to make it crystal clear that this behavior is not welcome in South Carolina,” Senator Katrina Shealy says. “My hope would be that legislation to address such abhorrent acts would not be needed here, but the disturbing trend has impacted other states; it was time to take a second look at our laws and ensure that children are protected in all areas of predatory acts.”

For the sake of simplicity, I've only included the additions to be made to the law below. 

SC S-228 (2021)

A BILL TO AMEND SECTION 16-15-305 OF THE 1976 CODE, RELATING TO THE UNLAWFUL DISSEMINATION, PROCUREMENT, OR PROMOTION OF OBSCENITY, TO PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, DELIVER, RENT, DISTRIBUTE, OR OTHERWISE PROVIDE ANY FIGURINE FOR THE REPRESENTATION, DESCRIPTION, OR USE OF THE OBSCENE; AND TO DEFINE NECESSARY TERMS.

SECTION 1. Section 16-15-305(A) of the 1976 Code is amended to read:

“Section 16-15-305. (A) It is unlawful for any person knowingly to disseminate obscenity. A person disseminates obscenity within the meaning of this article if he...

(5) buys, sells, delivers, rents, distributes, or otherwise provides any figurine for the representation, description, or use of the obscene.”

SECTION 2. Section 16-15-305(C) is amended by adding an appropriately numbered new item to read:

“( ) ‘figurine’ means any figure, mannequin, or robot created in a child’s likeness that is anatomically correct, with the features of, or with features that resemble those of, a minor, and that are intended for use in sexual acts.”

SECTION 3. This act takes effect upon approval by the Governor.



Thursday, December 17, 2020

Removing the veil of stupidity from the Mount Pleasant PD with Detective Kenny Clark

The last thing we need is fearmongering in the media, but local level police agencies are frequently cited as authoritites on crime statistics even when most beat cops and detectives need little more than a high school diploma to be employed. Thus, local police are prone to say the dumbest thinfs, like Kenny Clark of the Mount Pleasant PD in SC. 

There's more to the article that is bad, especially ICAC using junk science like polygraphs to intimidate suspects, but this quote is especially noteworthy for 


“Anywhere a child is, there’s a predator. If there’s a child (internet) platform where children are known to be, then you can bet someone is hunting them,” said Detective Kenny Clark of the Mount Pleasant Police Department.

“None of us want to think our neighbor would do anything to harm our kids or anything like that, but in all actuality it happens,” Clark said. “If we put something in the media, of an arrest this week, next week nobody’s thinking about it until the next one.”

Monday, October 26, 2020

Loose Cannon: Desperate claim by Charleston SC Republican Sheriff Al Cannon claims ACLU wants to abolish registry


Abolishing the registry would be a good thing, Al. It is useless and does not work, apparently except when you need to scare some undecideds to vote for you. 

https://abcnews4.com/news/local/sheriff-al-cannon-makes-multiple-claims-about-aclu-says-thy-endorse-kristen-graziano

Sheriff Al Cannon makes multiple claims about ACLU, says it endorses Kristin Graziano

by Daniella DeRobbio

Sunday, October 25th 2020

CHARLESTON, S.C. (WCIV) — In a post on his Facebook page on Saturday, Sheriff Al Cannon made multiple claims about the ACLU.

"The ACLU is spending over $100,000 attacking me and backing my opponent," he wrote. "The ACLU wants to eliminate the sex offender registry. The ACLU wants to defund police. The ACLU attacks Christians and supports neo-Nazi groups. The ACLU is backing my opponent. Those are just the FACTS (sic)."

In a statement to ABC News 4, ACLU SC Executive Director, Frank Knaack said:

Sheriff Al Cannon, Charleston’s top law enforcement official, is claiming that the ACLU has endorsed and is fundraising for his opponent.

The ACLU does not endorse candidates. What we do support, however, is meaningful criminal justice reform that deeply impacts our lives. This reform includes banning no-knock warrants, ending Charleston’s 287g agreement which promotes the separation of families through deportation, increasing community oversight and accountability over law enforcement, and ending racial bias in policing. Most Charleston county voters agree with our position on these issues, and they deserve to make an informed choice in this election, which is why we’re educating them on the candidates’ positions.

We will never back away from our work to guarantee that Charleston's public safety system ensures the safety and well-being of all.

On Sunday, Sheriff Cannon's Democratic opponent, Kristin Graziano, released the following statement:

I am surprised at his attack on the ACLU, and I don’t understand why he is making those accusations. We filled out the same questionnaire, and I have no control as to how that organization choses to inform voters on the issues and how we are different. In all honesty, I don’t think his dirty attack makes him or his supporters look good, because he’s spreading falsehoods. People know exactly what I stand for: integrity, transparency, and honesty. I look forward to serving and protecting Charleston County as its first new sheriff in 32 years.

"These desperate and false attacks against the ACLU show how afraid Al Cannon is of the momentum Kristin Graziano is building," Lauren Brown, the communications director for the South Carolina Democratic Part said. "And he should be. His position and approach to public service are completely out of touch with the voters of Charleston County and why Lowcountry Democrats are excited to elect Kristin as their next Sheriff."

Maurice Washington, the chair of the Charleston County Republican Party, told ABC News 4 that despite the ACLU's claims "It's not secret that the ACLU supports Kristen."

Washington called Sheriff Cannon, "solid" and "the best in the business."

ABC News 4 has reached out to Sheriff Al Cannon for comment. We have not yet heard back.





Saturday, May 5, 2018

Who says crime doesn't pay? SC Sheriff's Office secretary caught pocketing registry fee funds


Even though she worked for the Sheriff's office, she was not a cop, so she does not qualify as a Keystone Cop. See folks, this is why I would not pay my registry fees even if I had a job.

http://www.wistv.com/story/38114443/former-kcso-employee-arrested-for-embezzling-money-from-sex-offender-registry-fund

Former KCSO employee arrested for embezzling money from sex offender registry fund
Friday, May 4th 2018, 11:46 am EDT
Friday, May 4th 2018, 12:00 pm EDT
By Emily Smith, Digital Content Producer

KERSHAW COUNTY, SC (WIS) -

Agents of the S.C. Law Enforcement Division arrested a Kershaw County woman in connection with funds not deposited to the Kershaw County Treasurer's Office.

Samantha West Connell, 34, was charged with one count of Embezzlement of public funds, value less than $10,000.

The crime was committed between January 2015 and April 2016 while Connell was employed as an administrative assistant at the Kershaw County Sheriff's Office.

According to the SLED warrant, money was collected from registered sex offenders for deposit into the Kershaw County Sex Offender Registry Fund. However, no deposits were made.

Connell admitted in a written statement that she was solely responsible for the key to the drawer where funds were held and deposits were not made as they should have been, according to the warrant.

SLED investigated the case at the request of the Kershaw County Sheriff's Office.

Connell was booked at the Kershaw County Detention Center.

The case will be prosecuted by the 11th Circuit Solicitor's Office.

Saturday, January 28, 2017

To combat human trafficking, South Korealina will install ransomware on your computer... unless you pay $20 to remove it

So let me get this straight-- I have to have ransomware installed by law on my computer but I can pay the state $20 to remove it? What is the point of doing this in the first place, except extorting citizens for money?

South Carolina General Assembly
122nd Session, 2017-2018

H. 3003

STATUS INFORMATION

Introduced in the House on January 10, 2017
Currently residing in the House Committee on Judiciary

Summary: Human Trafficking Prevention Act 

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 16 SO AS TO ENACT THE “HUMAN TRAFFICKING PREVENTION ACT”, TO REQUIRE A BUSINESS, MANUFACTURER, WHOLESALER, OR INDIVIDUAL THAT MANUFACTURES, DISTRIBUTES, OR SELLS A PRODUCT THAT MAKES CONTENT ACCESSIBLE ON THE INTERNET TO INSTALL AND OPERATE A DIGITAL BLOCKING CAPABILITY THAT RENDERS OBSCENITY INACCESSIBLE AND TO SET MINIMUM REQUIREMENTS FOR THE BLOCKING CAPABILITY; TO ESTABLISH A PROCEDURE FOR THE CONSUMER TO DEACTIVATE THE DIGITAL BLOCKING CAPABILITY; TO ALLOW A REPORTING SYSTEM TO UNBLOCK CONTENT THAT IS NOT OBSCENE, SUCH AS SOCIAL MEDIA WEBSITES, AND AUTHORIZE A CONSUMER TO SEEK JUDICIAL RELIEF IF THE FILTERED CONTENT IS NOT UNBLOCKED WITHIN A REASONABLE TIME; TO ESTABLISH CRIMINAL PENALTIES FOR A BUSINESS OR INDIVIDUAL THAT VIOLATES THIS ARTICLE; TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK INJUNCTIVE RELIEF AGAINST A BUSINESS, MANUFACTURER, WHOLESALER OR INDIVIDUAL THAT MANUFACTURES, DISTRIBUTES, OR SELLS ANY PRODUCTS IN THIS STATE WITHOUT A DIGITAL BLOCKING CAPABILITY, TO ESTABLISH THAT A CONSUMER OR THE ATTORNEY GENERAL MAY FILE A SUIT AGAINST A PARTY THAT IS UNRESPONSIVE TO A REPORT OF OBSCENE MATERIAL BREACHING THE FILTER AND TO PRESCRIBE DAMAGES FOR EACH VIOLATION.

Whereas, the State of South Carolina has a compelling interest in protecting the public health and protecting minors from being exposed to obscenity; and

Whereas, studies have shown that pornography is a public health hazard, leading to a broad spectrum of well documented individual impacts and societal harms; and 

Whereas, easily accessible pornography on products that are distributed through the Internet is impacting the demand for human trafficking and prostitution; and 

Whereas, the General Assembly has a compelling interest to impose a narrowly tailored, common sense filter system that combats the growing epidemic of  dissemination of pornographic images and the resulting demand for human trafficking while balancing the consumer’s fundamental right to regulate his own mental health. Now, therefore, 

Be it enacted by the General Assembly of the State of South Carolina: 

SECTION 1. Chapter 15, Title 16 of the 1976 Code is amended by adding: 

“Article 5

Human Trafficking Prevention Act

Section 16 15 500. This article may be cited as the ‘Human Trafficking Prevention Act’. 

Section 16 15 510. (A) A business, manufacturer, wholesaler, or individual that manufactures, distributes, or sells a product that makes content accessible on the Internet is prohibited from doing business in this State unless the product contains an active and operating digital blocking capability that renders any obscenity, as defined in Section 16 15 305, inaccessible. 
(B) The business, manufacturer, wholesaler, or individual must: 
(1) make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly, including establishing a reporting mechanism such as a website or call center to allow for a consumer to report unblocked obscene content or report blocked content that is not obscene; 
(2) ensure that all child pornography and revenge pornography is inaccessible on the product; 
(3) prohibit the product from accessing any hub that facilitates prostitution; and
(4) render websites that are known to facilitate any trafficking of persons, as defined in Section 16 3 2010(9), inaccessible.

Section 16 15 520. Any digital blocking capability may be deactivated after the consumer: 
(1) requests in writing that the capability be disabled; 
(2) presents identification to verify that the consumer is eighteen years of age or older;
(3) acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and 
(4) pays a one time twenty dollar digital access fee. 

Section 16 15 530. (A) If the digital blocking capability blocks content that is not obscene and the block is reported to a call center or reporting website, the content must be unblocked within a reasonable time but in no event later than five business days after the block is reported. 
(B) The digital blocking capability may not filter social media websites that are primarily used for social interaction if these websites have a reporting center and remain reasonably proactive in removing reported obscene content.
(C) The consumer may seek judicial relief to unblock filtered content. 

Section 16 15 540. (A) A manufacturer or wholesaler that manufactures, distributes, or sells a product that makes content accessible on the Internet may elect to pay a twenty dollar opt out fee for each product that enters this State’s stream of commerce. 
(B) A business, manufacturer, wholesaler, or individual that manufactures, distributes, or sells a product that makes content accessible on the Internet must submit the funds collected as the digital access fee or the opt out fee to the State Treasurer each quarter. The State Treasurer must disburse the funds collected to the Attorney General to help fund the operations of the Human Trafficking Task Force and the Internet Crimes Against Children Task Force. 

Section 16 15 550. (A) A business or individual that violates the provisions of this article by manufacturing, distributing, or selling a product that makes content accessible on the Internet without the digital content blocking capability, selling the product to a minor without activated filters, or providing the means to disable the digital content blocking capability is guilty of violating Sections 16 15 250, 16 15 345, and 16 15 385 and, upon conviction, is subject to the penalties provided by those sections. 
(B) A business or individual who complies with the provisions of Section 16 15 520 is not subject to criminal liability for violating the provisions of this article. 

Section 16 15 560. (A) The Office of Attorney General is authorized to seek injunctive relief against any business, manufacturer, wholesaler, or individual that manufactures, distributes, or sells any products in this State that violates the provisions of this article.  
(B) If a business, manufacturer, wholesaler, or individual is unresponsive to a report of obscene material that has breached the filter, the consumer or Attorney General may file a civil suit. The consumer or Attorney General may seek damages of up to five hundred dollars for each piece of content that was reported but not subsequently blocked. 
(C) The prevailing party in the civil action may seek attorneys’ fees.” 

SECTION 2. This act takes effect upon approval by the Governor.
    XX