SC could expand the law on murders through child abuse

Columbia, SC (WRDW/dares) – A subcommittee of the Senate gave a draft law that would expand South Carolina's murder through child abuse law to cover all victims under the age of 18.

Solicitors in the upstate have been urging the law for several years. The law currently says that someone is guilty of crime if his abuse or neglect leads to the death of a child under 11 years of age.

If the child is older, the prosecutors have to pursue a suspicion of murder.

However, SB405 would extend the murder by child abuse law to all under 18 years of age.

On Thursday, David Stumbo, a lawyer of the eighth circuit, the Senate under Committee, said that it can be difficult to get a guilty judgment on a suspicion of murder in neglect cases because they have to prove that an action with the intention was committed.

Stumbo said the problem was illustrated in his jurisdiction with 12-year-old Ashaantae Glenn.

Ashaantae died in May 2022. Her mother and stepfather were initially charged because of her murder.

But Stumbo said that neglect was what led to the death of Ashamane and not a single act of violence.

“That was the problem here. Our medical certificate basically did not lead us to a dispute in which we could argue that there was a malicious act at a certain point in time. It was over a certain period in which they could not provide medical help. You didn't fed her properly, ”said Stumbo.

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Stumbo said they were not sure whether they were able to get a guilty judgment that pursued the murder against the mother and the stepfather. Instead, the couple owed the involuntary homicide and has illegally endangered a child.

They were sentenced to 10 years. If they had been found guilty for child abuse due to murder, the couple would have suspended for at least 20 years.

Now SB405 will continue to the full judicial committee.

An accompanying law in the house was discussed in January by the judiciary under criminal law, but has been submitted since then.

The chairman Jeff Johnson said he was working on changing the version of the law of the house and expects this to be discussed again before the end of the session.

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