(A) A search warrant or arrest warrant for a violation of Sections 16-15-305, 16-15-315, or 16-15-325 may be issued only upon request of a circuit solicitor.
(B) Following seizure of allegedly obscene property pursuant to a warrant requested by a solicitor, and issued by a neutral and detached magistrate based on supporting affidavits, any interested party may request and the court having appropriate jurisdiction must promptly conduct an adversarial hearing for the purpose of obtaining a judicial determination, based on a preponderance of the evidence, of the obscenity issue.
HISTORY: 1987 Act No. 168 Section 3.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 15 - Offenses Against Morality And Decency
Section 16-15-50. Seduction under promise of marriage.
Section 16-15-60. Adultery or fornication.
Section 16-15-70. "Adultery" defined.
Section 16-15-80. "Fornication" defined.
Section 16-15-90. Prostitution; lewdness, assignation and prostitution generally.
Section 16-15-100. Prostitution; further unlawful acts.
Section 16-15-110. Prostitution; violations.
Section 16-15-130. Indecent exposure; breastfeeding.
Section 16-15-250. Communicating obscene messages to other persons without consent.
Section 16-15-325. Participation in preparation of obscene material prohibited; penalties.
Section 16-15-342. Criminal solicitation of a minor; defenses; penalties.
Section 16-15-375. Definitions applicable to Sections 16-15-385 through 16-15-425.
Section 16-15-410. Third degree sexual exploitation of a minor defined; penalties; exception.
Section 16-15-415. Promoting prostitution of a minor defined; defenses; penalties.
Section 16-15-425. Participating in prostitution of a minor defined; defenses; penalties.