South Carolina Code 16-3-840. Methods of judicial determination of age of child
Current as of: 2023 | Check for updates
|
Other versions
When it becomes necessary for the purposes of this article to determine whether a child who participated in sexual conduct was younger than eighteen years of age, the court or jury may make this determination by any of the following methods:
(1) personal inspection of the child;
Terms Used In South Carolina Code 16-3-840
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Performance: means any play, motion picture, photograph, dance, or other visual representation that is exhibited before an audience. See South Carolina Code 16-3-800
- Sexual conduct: means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals. See South Carolina Code 16-3-800
- Sexual performance: means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age. See South Carolina Code 16-3-800
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;
(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child’s appearance at the time;
(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or
(5) any other method authorized by law or by rules of evidence.