SC House panel votes to repeal outdated sex laws
South Carolina still has laws that criminalize committing adultery, premarital sex and seducing a woman with the promise of marriage.
The state also still bans working on Sundays, playing pinball under age 18 and challenging someone to a duel.
S.C. lawmakers want to repeal more than 10 laws, some of which date back more than 300 years. A House panel unanimously approved punting the laws Tuesday. The bill needs approval from the full House and the Senate before the laws are repealed.
The laws have become outdated and hard to enforce.
Committing adultery or having sex while not being married carries penalties of six months to a year in prison and $100 to $500 in fines. The law dates back to 1880.
The language one of the bills contains language some might find sexist.
The defendant accused of seducing a woman with a marriage promise cannot be convicted only on the testimony of the woman, or if the woman, as the law states, “was at the time of the alleged offense lewd and unchaste.”
Still, man convicted of the century-old crime can serve up to one year in prison and a fine at the court’s discretion. Defendants can put a conviction on hold by offering to marry the victim.
Lawmakers are not removing a sexually based law overturned by the nation’s top court.
Sodomy — which is referred in state law as “buggery, whether with mankind or with beast” — remains a felony in South Carolina that is punishable with five years in prison and a fine of at least $500. The U.S. Supreme Court ruled against anti-sodomy laws in 2003.
The state still has laws limited what people can do on Sundays.
They include operating dance halls or selling furniture, most clothing and appliances. The fine for a first offense for operating a dance hall on a Sunday can be $10.
The language on some laws is dated. The Sunday sales ban includes “phonographs, record players or so-called hi-fi or stereo sets.”
And some laws legislator want to repeal go back to the Colonial period.
A ban on working on Sundays dates back to 1691, soon after South Carolina was settled.
One law facing repeal is called “adventuring in lotteries,” an old term for people holding private games of chance. The law dates back to 1762. Another state law banning private lotteries is on the books.
Legislators want recall to laws over duels.
Defendants found guilty of challenging people to fights with “a sword, pistol, rapier or any other deadly weapon” not only can spend up to two years in prison, but they cannot vote or hold elected office.
Some of the bans are a bit newer.
A law outlawing minors from playing pinball goes back to earlier in the 20th century when the machines were used for gambling.
Repealing outdated SC laws
Here are S.C. laws that would be repealed if a state House bill is passed this year:
“Seduction under promise of marriage”
What it says: A man over age 16 who “by means of deception and promise of marriage seduces an unmarried woman”
Penalty: Up to one year in prison and a fine at the court’s discretion
Note: The defendant cannot be convicted only on the testimony of the woman, or if the woman “was at the time of the alleged offense lewd and unchaste.” The charges will be put on hold if the defendant agrees to marry the woman, before or after conviction.
“Adultery or fornication”
What it says: A married man and woman who are not married to each other or a man and a woman who are unmarried cannot have sexual relations.
Penalty: Six months to one year in prison and between $100 and $500
“Playing pinball”
What it says: Illegal for anyone under age 18 to play a pinball machine.
Penalty: None listed
“Sending or accepting challenge to fight”
What it says: Cannot challenge or accept a challenge to a fight with a sword, pistol, rapier or any other deadly weapon.
Penalty: Up to two years in prison, and cannot vote or hold elected office.
“Carrying or delivering challenge”
What it says: Cannot deliver in writing or verbally any challenge, or be present to assist a duel to assist
Penalty: Up to two years in prison, fine between $500 and $1,000, and cannot hold elected office.
“Adventuring in lotteries”
What it says: Cannot run your own lottery
Penalty: $100 for each offense
Note: A separate law banning lotteries is on the books.
“Operation on Sunday forbidden”
What it says: Cannot operate a dancing hall on Sunday
Penalty: Fine between $10 and $50 for a first offense; $50 and $100 or 30 days in prison for a second offense.
“Unlawful to work on Sunday”
What it says: Illegal for people to work or open a business on Sunday “excepting work of necessity or charity.”
Penalty: Fine between $50 dollars and $250 for a first offense; $100 and $500 for a second offense; and $500 for each subsequent offense. Each sale made or attempted and each person working are treated as separate offenses.
Note: An exception was made in Charleston County for Jewish residents who do not work on the Sabbath.
“Sale of certain items on Sunday prohibited”
What it says: Cannot sell: clothing (except for swimwear, novelties, souvenirs or undergarments); housewares; home and office furnishings; appliances; building supplies; jewelry; cars; television sets; and “phonographs, record players or so-called hi-fi or stereo sets.”
Penalty: Fine between $50 dollars and $250 for a first offense; $100 and $500 for a second offense; and $500 for each subsequent offense. Each sale made or attempted and each person working are treated as separate offenses.
“Railroads shall not remove from towns of more than 500”
What it says: No railroad shall remove its line of railway from any incorporated town of more than 500 people
Penalty: None listed
This story was originally published March 1, 2016 at 2:57 PM with the headline "SC House panel votes to repeal outdated sex laws."