(A) It shall be unlawful for any person to commit willful and malicious indecent exposure of his person in any public place, on property of others or to the view of any person on any street or highway or to appear in a public place in a state of nudity.
(B) Public indecency prohibited.
(1) Definitions. Unless the context shall clearly indicate some other meaning, the terms defined in this section shall for purposes of this section have the meanings herein specified. Definitions shall be equally applicable to both singular and the plural forms of any of the terms herein defined.
ADULT. A person who has reached full legal age as defined by the laws of the State of South Carolina.
CREST OF THE ILIUM. The upper portion of the dorsal, upper and largest area of the three bones composing either the lateral half of the pelvis that is broad and expanded above the greater sciatic notch.
CUSTODIAL PARENT. A person as defined by the laws of the State of South Carolina.
GUARDIAN. A person as defined by the laws of the State of South Carolina.
INTIMATE CLOTHING. Men and women's underwear, men and women's underpants, panties, boxers, slips, girdles, athletic supporters, thongs or other similar garments ordinarily worn beneath pants.
MINOR. A person who has not reached full legal age as defined by the laws of the State of South Carolina.
PANTS. Any garment ordinarily worn to cover a person's lower body and legs. This shall include, but not be limited to, trousers, long pants, short pants, cutoffs, shorts or skirts.
PERSON. An individual or entity possessing legal rights and duties.
PUBLIC PLACE. An area which the public is invited to or to which the public is admitted or has access, including, but not limited to, public and private educational facilities, including, but not limited to, schools, administration buildings, and other school owned or controlled property, licensed child care and adult day care facilities, healthcare facilities, hospitals, doctor offices, hotel and motel lobbies, public transportation facilities, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, theaters, galleries, libraries, museums, convention facilities, conference centers, exhibition halls, cultural arts centers, stadiums, ball parks, government controlled parks or recreation areas, other places of meeting or assembly, inclusive of lobbies and audience seating areas, roadways, pathways, sidewalks, yards of residential, commercial and governmental buildings or facilities when visible from roadways, common areas in apartment buildings, condominiums, trailer parks, mobile home parks, camp grounds, retirement facilities, nursing homes, and other multiple residential facilities, restrooms, lobbies, reception areas, hallways, and other common use areas, rooms chambers, and private clubs when being used for a function to which the general public is invited. A private residence is not a public place unless it is used as a child care, adult daycare, or healthcare facility.
(2) Prohibition of certain attire; duties of parents and guardians.
(a) It shall be prohibited for any person to appear in a public place wearing his or her pants more than three inches below his or her hips (crest of the ilium) and thereby exposing his or her skin or intimate clothing or other clothing such that one's buttocks, genital area, breasts or undergarments are clearly exposed.
(b) It shall be prohibited for any custodial parent or guardian to willfully allow their minor to appear in a public place wearing his or her pants more than three inches below his or her hips (crest of the ilium) and thereby exposing his or her skin or intimate clothing, or other clothing such that one's buttocks, genital area, breasts or undergarments are clearly exposed.
(3) Enforcement.
(a) This section shall be enforced by the Police Department and by the Town Manager and his/her authorized designees within the incorporated areas of the town.
(b) Any citizen of the town who desires to register a complaint under this section may initiate enforcement with the Police Department.
(c) Notwithstanding any other provision of this section, the town or any member of the public may bring legal action against any person(s) to enforce the provisions of this section.
(4) Public education. The town, in conjunction with the Public School District of Williamsburg County and the Independent Schools of Williamsburg County found within its incorporated areas shall engage in a continuing program to encourage and clarify the purposes and requirements of this section and to guide adults and minors in the development of critical life skills for improved employability. The Town Manager of the town or his/her designee shall be responsible for the town’s participation in this program.
Statutory reference:
Similar state law, see S.C. Code § 16-15-130