Lawmakers created some real legal mischief in the new "Jessica's Law" by thoughtlessly approving an amendment that could make it easier for child molesters to escape prosecution. The amendment creates a "mistake of age" defense that allows suspects in consensual relationships to claim they didn't know their victims were under 16 years of age. Before the new law, such a claim was not allowed.

Granted, elected officials disagree as to the consequences of the clause. Seventh Circuit Solicitor Trey Gowdy, whose jurisdiction includes Spartanburg and Cherokee counties, believes the "mistake of age" defense could be used by an adult who had sex with an underage child. A spokesman for State Attorney General Henry McMaster, however, said the "mistake of age" defense could be used only by someone 18 years of age or under.

Even if McMaster is right, it's still disturbing to contemplate a scenario in which an 18-year-old would use the "mistake of age" defense to escape a charge of sexually assaulting a 12-year-old.

Jessica's Law, named after a 9-year-old girl killed last year by a sexual offender in Florida, was designed to protect children from sexual predators. It allows prosecutors to seek the death penalty for some repeat child molesters. But it's almost certain defense lawyers will exploit the "mistake of age" clause, making it more difficult to prosecute at least some sex offenders.

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In addition to the "mistake of age" clause, lawmakers also lowered the age of consent from 16 to 14 in cases where those involved are under 18. This so-called "Romeo Clause" was designed to prevent prosecutions of teenagers, 14-18, having consensual sex. The general age of consent remains 16.

Lawmakers claim ignorance of both the "mistake of age" and "Romeo" clauses. The fact the two controversial clauses earned approval underscores the legislative disaster that can occur in the final days of the session when amendments are pushed through the process with little notice and no thoughtful public debate.

The amendment containing the two clauses slipped past both the General Assembly and Gov. Mark Sanford, who's known for carefully scrutinizing everything lawmakers approve. Lawmakers should discard the amendment at their first opportunity next January, and they should seriously examine the legislative process to prevent such destructive occurrences in the future.