SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
WWW.RFA.SC.GOV • (803)734-3793
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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H. 3045
Fiscal Impact Summary
This bill creates two new felony offenses related to the production, distribution, receipt,
possession, or possession with intent to distribute an obscene visual depiction or representation
showing a minor engaging in sexually explicit conduct, activity, or nudity and establishes
associated penalty schedules. The bill also creates a new misdemeanor in the instance that such
an offense is committed by a minor. The bill also requires that persons who have been convicted
of or have pled guilty or nolo contendere to such offenses be added to the sex offender registry as
Tier I offenders and revises the requirements by which a Tier I or Tier II offender may request
removal from the registry.
Judicial reports that implementation of the bill may result in an increase in general sessions court
and family court caseloads which can be managed using existing staff and appropriations.
However, should the caseloads increase significantly, Judicial may request additional General
Fund appropriations. Also, the Commission on Prosecution Coordination and Commission on
Indigent Defense report the bill may increase the workload of the agencies. Both agencies
anticipate being able to manage the increase with existing staff and within existing
appropriations. However, if passage of the bill results in a significant increase in workloads, the
agencies may request an increase in General Fund appropriations.
The State Law Enforcement Division (SLED) and the Department of Juvenile Justice (DJJ)
report the bill requires the agencies to perform activities that will be conducted in the normal
course of agency business. As a result, the bill does not have an impact for these agencies.
This bill may result in an increase in the number of inmates housed by the Department of
Corrections (SCDC). However, no data are available to estimate the increase in the number of
inmates that may be housed in state correctional facilities. According to SCDC, in FY 2023-24,
the annual total cost per inmate was $40,429 of which $36,553 was state funded. As the
potential increase in incarcerations is unknown, any expenditure impact for Corrections is
undetermined.
This bill requires the Department of Probation, Parole and Pardon Services (PPP) to verify the
status of individuals who are under supervision or are on probation or parole who apply for
removal from the state sex offender registry, it may increase agency workloads. The agency
Bill Number: H. 3045 Introduced on Januar
y 14, 2025
Subject: Obscene Visual Representations of Child Sexual Abuse
Requestor: House Judiciary
RFA Analyst(s): Gardner
Impact Date: February 20, 2025
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H. 3045
anticipates being able to manage the status reviews using existing staff and resources; therefore,
this bill will result in no expenditure impact for the agency.
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and
Fiscal Affairs Office (RFA) anticipates this bill may result in a change to General Fund, Other
Funds, and local revenue due to the change in fines and fees collections in court.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill adds definitions for obscene and visual depiction or representation within the provisions
for offenses against morality and decency. It also creates the following new offenses:
Section 16-15-390(B): Felony Offense
Offense Penalty
Knowingly producing, distributing, receiving, or possessing
with intent to distribute—or attempting or conspiring to
produce, distribute, receive, or possess with intent to
distribute—an obscene visual depiction or representation
showing minor engaged in sexually explicit conduct,
activit
y, or nudity
Imprisonment for ≥ 2 years but
≤ 10 years; no part of minimum
sentence may be suspended nor
parole granted until minimum
sentence served
Section 16-15-390(C): Felony Offense
Offense Penalty
Knowingly producing, distributing, receiving, or possessing—or attempting or conspiring to do so—an
obscene visual depiction or representation showing minor
engaged in sexually explicit conduct, activity, or nudity
Imprisonment for ≤10 years
Section 16-15-390(D): Misdemeanor Offense
Offense Possible Action by Court
If offense (B) or (C) is committed by a minor where the
minor has no prior adjudication for such offense that would
require registration as a sex offender
Family court may order behavioral
health counseling from appropriate
agency or provider as a condition
of adjudication
The bill does not require that any minor depicted actually exist. The provisions of the bill do not apply to persons working in law enforcement or the judicial system who are acting in their
official capacity during an investigation or criminal proceeding.
This bill also provides that minors adjudicated in the family court are not required to register as
Tier I sex offenders. However, adults who have been convicted of, or have pled guilty or nolo
contendere to these offenses must be added to the sex offender registry as Tier I offenders.
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H. 3045
In addition, the bill revises the requirements by which a person included as a Tier I or Tier II
offender in the state sex offender registry may request removal from the registry. These
revisions are as follows:
Section 23-3-462(A)(1)(a): Any Registrant, Tier I Offender
Current Proposed
After 15 years of
registration as a Tier I
offender
After 15 years of registration or after 15 years from date of discharge
from incarceration without supervision, or termination of active
supervision of probation, parole, or any other active alternative to
incarceration
Section 23-3-462(A)(1)(b): Adult Registrant, Tier II Offender
Current Proposed
After 25 years of
registration as a Tier II
offender
After 25 years of registration or after 25 years from date of discharge
from incarceration without supervision, or termination of active
supervision of probation, parole, or any other active alternative to
incarceration
Judicial. Judicial reports that this bill may increase caseloads in general sessions and family
courts. During FY 2023-24, there were 1,581 dispositions of child sexual exploitation related
offenses, which constitute 1.15 percent of general sessions court dispositions during that period.
Judicial intends to use existing staff and resources to manage any increase in caseloads.
However, they indicated that if there is a significant increase in caseloads, Judicial will request
additional General Fund appropriations.
Commission on Prosecution Coordination. The Commission reports this bill will likely have
some impact on the agency workload. However, as there are no data to estimate any increase in
workload, the expenditure impact cannot be determined. If there is a significant increase in
workload, the agency will request additional General Fund appropriations.
Commission on Indigent Defense. The Commission reports this bill will likely have some
impact on the agency workload. However, as there are no data to estimate any increase in
workload, the expenditure impact cannot be determined. If there is a significant increase in
workload, the agency will request additional General Fund appropriations.
State Law Enforcement Agency. SLED reports the bill requires the agency to perform
activities that will be conducted in the normal course of agency business. As a result, the bill
will have no expenditure impact for SLED.
Department of Corrections. SCDC reports that implementation of the bill may increase the
number of inmates housed in state correctional facilities. According to SCDC, in FY 2023-24,
the annual total cost per inmate was $40,429 of which $36,553 was state funded. While there are
no data to determine any potential increase in the number of SCDC inmates, SCDC expects to
manage any expenditure impact using existing staff and resources. If there is a substantial
increase in incarcerations, however, SCDC will request additional General Fund appropriations.
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
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H. 3045
Department of Juvenile Justice. DJJ reports the bill will have no expenditure impact since it
does not require the agency to perform duties outside the normal course of business.
Department of Probation, Parole and Pardon. This bill requires PPP to verify the status of
individuals who are under supervision or are on probation or parole who apply for removal from
the state sex offender registry, it may increase agency workloads. The agency anticipates being
able to manage the status reviews using existing staff and resources; therefore, this bill will result
in no expenditure impact for the agency.
State Revenue
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this
bill may result in a change to General Fund and Other Funds revenue due to the change in fines
and fees collections in court.
Local Expenditure
N/A
Local Revenue
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this
bill may result in a change to local revenue due to the change in fines and fees collections in
court.