South Carolina has expanded its homicide-by-child-abuse law, closing a gap that previously limited the age of children covered by this specific criminal charge. Under a new law signed by Governor Henry McMaster on March 9, 2026, the statute now applies when a child under the age of 18 dies as a result of qualifying abuse or neglect. The change updates South Carolina Code Section 16-3-85 and gives prosecutors the ability to pursue homicide-by-child-abuse charges in cases involving older children, not just young children.
What Changed Under the New Law?
Before this legislation, South Carolina’s homicide-by-child-abuse statute applied only when the victim was under the age of 11. That restriction meant that when a child who was 11 or older died as a result of abuse or neglect, prosecutors could not pursue a charge under this particular statute. Depending on the circumstances and available evidence, they instead had to consider other criminal charges.
Senate Bill 405 raises the age threshold from under 11 to under 18. As a result, the law now covers children and teenagers through age 17.
The legislation was introduced by State Senate President Thomas Alexander, with Senators Shane Martin and Tom Young Jr. serving as co-sponsors. The issue gained attention after Seventh Circuit Solicitor Barry Barnette raised concerns about cases involving the deaths of children who were older than the previous statutory age limit.
What Does Homicide by Child Abuse Mean?
South Carolina law provides for a homicide-by-child-abuse charge when a person causes the death of a child under 18 while committing child abuse or neglect, and the death occurs under circumstances demonstrating an extreme indifference to human life. The statute also applies when a person knowingly aids and abets another individual in committing child abuse or neglect, and that abuse or neglect results in the child’s death.
Under the law, child abuse or neglect includes acts or omissions that cause harm to a child’s physical health or welfare. This may include inflicting or allowing physical injury, failing to provide adequate food, clothing, shelter, or health care when that failure causes a physical injury or condition resulting in death, or abandoning a child when the abandonment results in death. The expansion does not mean that every death involving a child automatically qualifies as homicide by child abuse. Prosecutors must still establish the legal elements required by the statute and prove the allegations in court.
Homicide by child abuse is a felony in South Carolina. The potential sentence depends on the conduct involved.
- For a person convicted under the provision involving directly causing a child’s death through abuse or neglect under circumstances manifesting extreme indifference to human life, the sentence may be life imprisonment, with a minimum term of 20 years.
- For a person convicted under the provision involving knowingly aiding and abetting another person in abuse or neglect that results in a child’s death, the sentence ranges from 10 to 20 years in prison.
The court must consider aggravating and mitigating circumstances when determining an appropriate sentence. The statute specifically identifies a defendant’s past pattern of child abuse or neglect as a potential aggravating circumstance.
This change matters because the previous age restriction created a gap in the law when children between the ages of 11 and 17 died as a result of abuse or neglect. Lawmakers and prosecutors raised concerns that the limitation prevented the state from pursuing homicide-by-child-abuse charges in certain cases, even when the circumstances involved serious allegations of abuse.
By extending the statute to all children under 18, South Carolina has removed that age-based restriction and expanded the circumstances in which prosecutors may consider this specific charge. The law took effect March 9, 2026, when Governor McMaster signed it.
Cases involving child abuse, serious injury, or the death of a child can raise difficult legal questions for families. Criminal charges are handled through the criminal justice system, while surviving family members may also have separate civil legal rights depending on the circumstances.
At The Floyd Law Firm PC, we understand that families facing the loss of a loved one need compassionate guidance and clear information about their legal options. Our attorneys assist clients with family law, personal injury, and wrongful death matters, helping families understand the legal process and determine what steps may be available to them.
