2013 South Carolina Code of Laws
Title 16 - Crimes and Offenses
CHAPTER 3 - OFFENSES AGAINST THE PERSON

ARTICLE 1. HOMICIDE

• SECTION 16-3-5. Person causing injury which results in death at least three years later not to be prosecuted for homicide.
• SECTION 16-3-10. "Murder" defined.
• SECTION 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.
• SECTION 16-3-21. Jury instruction as to discussion of verdict.
• SECTION 16-3-25. Punishment for murder: review by Supreme Court of imposition of death penalty.
• SECTION 16-3-26. Punishment for murder: notice to defense attorney of solicitor's intention to seek death penalty; appointment of attorneys for indigent; investigative, expert or other services.
• SECTION 16-3-28. Punishment for murder: right of defendant to make last argument.
• SECTION 16-3-29. Attempted murder.
• SECTION 16-3-30, 16-3-40. Repealed by 2010 Act No. 273, Section 22, eff June 2, 2010.
• SECTION 16-3-50. Manslaughter.
• SECTION 16-3-60. Involuntary manslaughter; "criminal negligence" defined.
• SECTION 16-3-70. Administering or attempting to administer poison.
• SECTION 16-3-75. Tampering with human drug product or food item; penalty.
• SECTION 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.
• SECTION 16-3-95. Infliction or allowing infliction of great bodily injury upon a child; penalty; definition; corporal punishment and traffic accident exceptions.

ARTICLE 3. LYNCHING

• SECTION 16-3-210. Assault and battery by mob; investigation and apprehension; civil liability.
• SECTION 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, Section 5, eff June 2, 2010.

ARTICLE 5. DUELING

• SECTION 16-3-410. Sending or accepting challenge to fight.
• SECTION 16-3-420. Carrying or delivering challenge; serving as second.
• SECTION 16-3-430. Repealed by 2010 Act No. 273, Section 22, eff June 2, 2010.
• SECTION 16-3-440. Principal or second shall be compelled to give testimony.
• SECTION 16-3-450. Persons concerned in duel as witnesses.
• SECTION 16-3-460. Pleading in bar by State's witness to subsequent indictment.

ARTICLE 6. HAZING

• SECTION 16-3-510. Hazing unlawful; definitions.
• SECTION 16-3-520. Unlawful to assist in or fail to report hazing.
• SECTION 16-3-530. Penalties.
• SECTION 16-3-540. Consent not a defense.

ARTICLE 7. ASSAULT AND CRIMINAL SEXUAL CONDUCT

• SECTION 16-3-600. Assault and battery.
• SECTION 16-3-610. Certain offenses committed with a carried or concealed deadly weapon.
• SECTION 16-3-612. Repealed by 2010 Act No. 273, Section 7.A, eff June 2, 2010.
• SECTION 16-3-615. Spousal sexual battery.
• SECTION 16-3-620. Repealed by 2010 Act No. 273, Section 7.A, eff June 2, 2010.
• SECTION 16-3-625. Resisting arrest with deadly weapon; sentencing; "deadly weapon" defined; application of section.
• SECTION 16-3-630, 16-3-635. Repealed by 2010 Act No. 273, Section 7.A, eff June 2, 2010.
• SECTION 16-3-651. Criminal sexual conduct: definitions.
• SECTION 16-3-652. Criminal sexual conduct in the first degree.
• SECTION 16-3-653. Criminal sexual conduct in the second degree.
• SECTION 16-3-654. Criminal sexual conduct in the third degree.
• SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders.
• SECTION 16-3-656. Criminal sexual conduct: assaults with intent to commit.
• SECTION 16-3-657. Criminal sexual conduct: testimony of victim need not be corroborated.
• SECTION 16-3-658. Criminal sexual conduct: where victim is spouse.
• SECTION 16-3-659. Criminal sexual conduct: males under fourteen not presumed incapable of committing crime of rape.
• SECTION 16-3-660. Deposition testimony of rape victim or victim of assault with intent to ravish.
• SECTION 16-3-670. Procedure for taking deposition.
• SECTION 16-3-680. Sheriff shall procure attendance of accused; absence of counsel.
• SECTION 16-3-690. Custody of deposition.
• SECTION 16-3-700. Reading deposition to jury.
• SECTION 16-3-710. Depositions in rebuttal.
• SECTION 16-3-720. Destruction of deposition.
• SECTION 16-3-730. Publishing name of victim of criminal sexual conduct unlawful.
• SECTION 16-3-740. Testing of certain convicted offenders for Hepatitis B and HIV.
• SECTION 16-3-750. Request that victim submit to polygraph examination.
• SECTION 16-3-755. Sexual battery with a student.

ARTICLE 8. SEXUAL PERFORMANCE BY CHILDREN

• SECTION 16-3-800. Definitions.
• SECTION 16-3-810. Engaging child for sexual performance; penalty.
• SECTION 16-3-820. Producing, directing or promoting sexual performance by child; penalty.
• SECTION 16-3-830. Reasonable belief as to majority of child as affirmative defense.
• SECTION 16-3-840. Methods of judicial determination of age of child.
• SECTION 16-3-850. Film processor or computer technician to report film or computer images containing sexually explicit pictures of minors.

ARTICLE 9. KIDNAPPING AND HUMAN TRAFFICKING

• SECTION 16-3-910. Kidnapping.
• SECTION 16-3-920. Conspiracy to kidnap.
• SECTION 16-3-930. Repealed by 2012 Act No. 258, Section 2, eff December 15, 2012.

ARTICLE 11. MISCELLANEOUS OFFENSES

• SECTION 16-3-1010. Failing to remove doors from abandoned airtight containers.
• SECTION 16-3-1020. Maintaining open and unprotected abandoned wells.
• SECTION 16-3-1040. Threatening life, person or family of public official or public employee; punishment.
• SECTION 16-3-1045. Use or employment of person under eighteen to commit certain crimes.
• SECTION 16-3-1050. Failure to report, perpetrating or interfering with an investigation of abuse, neglect or exploitation of a vulnerable adult; penalties.
• SECTION 16-3-1060. Receipt of compensation for relinquishing custody of child for adoption; penalty.
• SECTION 16-3-1072. Reporting medical treatment for gunshot wound; immunity; physician-patient privilege abrogated; penalties.
• SECTION 16-3-1075. Felony of carjacking; penalties.
• SECTION 16-3-1080. Committing or attempting to commit a violent crime while wearing body armor a felony.
• SECTION 16-3-1083. Death or injury of child in utero due to commission of violent crime.
• SECTION 16-3-1085. Violent offender prohibited from purchasing, owning, or using body armor; exceptions.
• SECTION 16-3-1090. Assisted suicide; penalties; injunctive relief.

ARTICLE 13. COMPENSATION OF VICTIMS OF CRIME

• SECTION 16-3-1110. Definitions.
• SECTION 16-3-1120. Director of Victim's Compensation Fund; powers and duties.
• SECTION 16-3-1130. Claims; assignment to field representative; investigation and reports.
• SECTION 16-3-1140. Application for review of decision; appeals; subpoenas; report on review.
• SECTION 16-3-1150. Emergency awards.
• SECTION 16-3-1160. South Carolina Crime Victim's Advisory Board; appointments; term of office; vacancies in office; meetings; subsistence, mileage, and per diem.
• SECTION 16-3-1170. Basis for award.
• SECTION 16-3-1180. Amount of award; apportionment among multiple claimants; rejection of application for award.
• SECTION 16-3-1190. Reduction of award.
• SECTION 16-3-1200. Conduct of victim or intervenor contributing to infliction of injury; reduction of award; rejection of claim.
• SECTION 16-3-1210. Persons eligible for award.
• SECTION 16-3-1220. Persons ineligible for award.
• SECTION 16-3-1230. Claim filed on behalf of minor or incompetent; time limitations.
• SECTION 16-3-1240. Disclosure of records as to claims; confidentiality; applicability of Freedom of Information Act.
• SECTION 16-3-1250. Subrogation of State to right of action accruing to claimant, victim, or intervenor.
• SECTION 16-3-1260. Reimbursement of State by convicted person for payment by State Office of Victim Assistance.
• SECTION 16-3-1270. Restitution by offender; lien against offender; filing of lien.
• SECTION 16-3-1280. False claim; penalties.
• SECTION 16-3-1290. State Office of Victim Assistance; payment of claims, expenses and administrative costs.
• SECTION 16-3-1300. Payment of award; exemption from garnishment, execution, or attachment.
• SECTION 16-3-1310. Payment of award to victim or intervenor confined in correctional facility.
• SECTION 16-3-1320. Payment of award as not constituting ordinary income for tax purposes.
• SECTION 16-3-1330. Insufficient funds for payment of claims.
• SECTION 16-3-1340. Attorney for claimant; fees; attorney for State Office of Victim Assistance; soliciting employment to pursue claim or award; penalties.
• SECTION 16-3-1350. Medicolegal examinations for victims of criminal sexual conduct or child sex abuse.
• SECTION 16-3-1360. Debt collection activities prohibited until award is made or denied; suspension of statute of limitations; definition.

ARTICLE 14. VICTIM ASSISTANCE PROGRAM

• SECTION 16-3-1400. Definitions.
• SECTION 16-3-1410. Victim assistance services; membership of Victim Services Coordinating Council.
• SECTION 16-3-1420. Director.

ARTICLE 15. VICTIM AND WITNESS SERVICE

• SECTION 16-3-1505. Legislative intent.
• SECTION 16-3-1510. Definitions.
• SECTION 16-3-1515. Victim or witness wishing to receive services under article to supply certain information; requirements for receiving restitution; victims wishing to be present in court to notify prosecuting agency or summary court judge; victim impact statement.
• SECTION 16-3-1520. Victim entitled to copy of initial incident report; assistance in applying for victim's compensation benefits; information on progress of case.
• SECTION 16-3-1525. Arrest or detention of person accused of committing offense; notification to victims; protection of witnesses; notification of bond proceedings; juvenile detention hearings.
• SECTION 16-3-1530. Notification of victim of release, escape or transfer of accused.
• SECTION 16-3-1535. Summary court's duty to notify victim of victim's rights; form for victim impact statement.
• SECTION 16-3-1540. Department of Juvenile Justice to confer with victims before taking certain actions.
• SECTION 16-3-1545. Juvenile cases; notification to victims of right to submit victim impact statement for disposition proceeding; form of statement; other required information for victims.
• SECTION 16-3-1550. Restriction on employers of victims and witnesses; protection of rights of victims and witnesses.
• SECTION 16-3-1555. Expert witness fees; distribution, maintenance and use of victim's impact statements.
• SECTION 16-3-1560. Notification to victim of post-conviction proceedings affecting probation, parole, or release, and of victim's right to attend.
• SECTION 16-3-1565. No cause of action against public employees or agencies under this article.

ARTICLE 16. CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR

• SECTION 16-3-1610. Definitions.
• SECTION 16-3-1620. Crime Victims' Ombudsman of the Office of the Governor; Office of Victim Services Education and Certification.
• SECTION 16-3-1630. Ombudsman; responsibilities; authority; annual report.
• SECTION 16-3-1640. Confidentiality of information and files.
• SECTION 16-3-1650. Cooperation with the criminal and juvenile justice systems and victim assistance programs.
• SECTION 16-3-1660. Grounds for dismissal.
• SECTION 16-3-1670. Purpose.
• SECTION 16-3-1680. Authority to promulgate rules and regulations.

ARTICLE 17. HARASSMENT AND STALKING

• SECTION 16-3-1700. Definitions.
• SECTION 16-3-1705. Electronic mail service provider; immunity; definition.
• SECTION 16-3-1710. Penalties for conviction of harassment in the second degree.
• SECTION 16-3-1720. Penalties for conviction of harassment in the first degree.
• SECTION 16-3-1730. Penalties for conviction of stalking.
• SECTION 16-3-1735. Law enforcement officer empowered to sign warrant in place of victim.
• SECTION 16-3-1740. Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release.
• SECTION 16-3-1750. Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability.
• SECTION 16-3-1760. When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.
• SECTION 16-3-1770. Form and content of temporary restraining order.
• SECTION 16-3-1780. Expiration of temporary restraining orders and restraining orders; extensions and modifications.
• SECTION 16-3-1790. Service of certified copies of restraining orders.
• SECTION 16-3-1800. Arrest upon violation of restraining order.
• SECTION 16-3-1810. Law enforcement officer's responsibilities when responding to a harassment or stalking incident.
• SECTION 16-3-1820. Immunity from liability for filing a report or complaint or participating in a judicial proceeding concerning alleged harassment or stalking; rebuttable presumption of good faith.
• SECTION 16-3-1830. Availability of other civil and criminal remedies.
• SECTION 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.

ARTICLE 19. TRAFFICKING IN PERSONS

• SECTION 16-3-2010. Definitions.
• SECTION 16-3-2020. Trafficking in persons; penalties; defenses.
• SECTION 16-3-2030. Criminal liability of principal owners of business; penalties.
• SECTION 16-3-2040. Restitution for victims of trafficking.
• SECTION 16-3-2050. Interagency task force established to develop and implement State Plan for Prevention of Trafficking in Persons; members; responsibilities.
• SECTION 16-3-2060. Civil action for victim of trafficking; statute of limitations.
• SECTION 16-3-2070. Compensation for victims of trafficking; identity of victim and victim's family confidential.
• SECTION 16-3-2080. Unlawful disclosure; trespassing notice; unlawful entrance or presence on grounds of domestic violence or trafficking shelter; exceptions; penalties.
• SECTION 16-3-2090. Forfeiture.