S.C. could expand law on homicide by child abuse
COLUMBIA, S.C. (WRDW/WAGT) - A Senate subcommittee gave the green light to a bill that would expand South Carolina’s homicide by child abuse law to cover all victims under the age of 18.
Solicitors in the Upstate have been pushing to change the law for several years. Right now the statute says someone is guilty of the crime if their abuse or neglect leads to the death of a child under the age of 11.
If the child is older, then prosecutors have to pursue a murder charge.
However, SB405 would extend the homicide by child abuse law to anyone under 18.
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On Thursday, Eighth Circuit Solicitor David Stumbo told the Senate judiciary subcommittee it can be hard to get a guilty verdict on a murder charge in neglect cases because they have to prove an act was committed with the intent to kill.
Stumbo said the problem was illustrated in his jurisdiction with the case of 12-year-old Ashantae Glenn.
Ashantae died in May 2022. Her mother and stepfather were initially charged with her murder.
But Stumbo said neglect is what led to Ashantae’s death and not a single act of violence.
“That was the problem here. Our medical testimony basically did not lead us to an argument where we could argue to a jury that there was a malicious act at one point in time. It was over a period of time where they failed to render medical aid. They didn’t feed her properly,” Stumbo said.
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Stumbo said they were unsure they’d be able to get a guilty verdict pursuing murder charges against the mother and stepfather, so instead had the couple plead guilty to involuntary manslaughter and unlawfully putting a child at risk.
They were sentenced to 10 years. Had they been found guilty of homicide by child abuse, then the pair would have faced a minimum of 20 years.
Now SB405 will continue on to the full judiciary committee.
A companion bill in the House was debated by the judiciary subcommittee on criminal laws in January, but has been tabled ever since.
Chairperson Rep. Jeff Johnson said he’s working on amending the House’s version of the bill and anticipates it will be discussed again before the end of session.
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