S.C. Code Ann. § 25-1-2940 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2940
SECTION 25-1-2940. Assaulting or wilfully disobeying superior officer or noncommissioned officer.
Status: in_force

Any person subject to this code may be punished as a court-martial may direct, if he: (1) strikes his superior officer or noncommissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; (2) wilfully disobeys a lawful command of his superior officer or noncommissioned officer.
S.C. Code Ann. § 25-1-1430 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1430
SECTION 25-1-1430. Disposition of State military property unfit for use.
Status: in_force

All military property of the State which after proper inspection shall be found unsuitable for use of the State shall be disposed of in such a manner as the Adjutant General shall direct and the proceeds thereof paid into the military fund of the State.
S.C. Code Ann. § 25-1-2790 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2790
SECTION 25-1-2790. Resignation in lieu of court-martial.
Status: in_force

With the express consent of the adjutant general, an accused may resign without retirement or other benefits from the military forces in lieu of court-martial.
S.C. Code Ann. § 25-7-10 — SC Code / Title 25 / Chapter 7 / Section 25-7-10
SECTION 25-7-10. "Foreign government" defined.
Status: in_force

The words "foreign government" as used in this chapter shall be deemed to include any government, faction or body of insurgents within a country with which the United States is at peace, whether such government, faction or body of insurgents has or has not been recognized by the United States as a government.
S.C. Code Ann. § 25-1-1120 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1120
SECTION 25-1-1120. Vacancies in new units.
Status: in_force

Whenever new units shall have been organized in the South Carolina Air National Guard at a location distant from previously organized units, newly created officer vacancies shall be tendered first to officers of the South Carolina Air National Guard residing in close proximity to the new unit commensurate with grade and qualifications and then to other applicants qualified for assignment and Federal recognition in accordance with appropriate regulations. After one year from the date of organization of the new unit, vacancies shall be filled by the selection and promotion procedures outlined elsewhere in this chapter for the Air National Guard.
S.C. Code Ann. § 25-1-2455 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2455
SECTION 25-1-2455. Military judges; appointment, qualifications, powers, duties.
Status: in_force

(A) A military judge must be appointed by the Adjutant General from among the military forces. To be eligible for appointment as a military judge, the person must be: (1) a member in good standing of the South Carolina Bar; (2) a judge advocate; (3) an active member of the National Guard; and (4) hold the rank of major or above. (B) A military judge must not be under the supervision of the state judge advocate or any other judge advocate in the South Carolina National Guard. Nothing in this section changes the authority of the National Guard Bureau or the Judge Advocate Generals of the Army or Air Force over the military judge. (C) Subject to any limitations imposed by the South Carolina Code of Laws, a military judge presides at all general and special courts-martial and has the same authority as a South Carolina Circuit Judge in General Sessions Court. (D) A military judge must periodically review the military justice system and advise the Adjutant General on at least an annual basis of the state of military justice in the South Carolina National Guard. (E) All contact between a military judge and the Adjutant General must comply with American Bar Association's Canons of Judicial Conduct and the applicable ethical standards for judges. Effect of Amendment The 2011 amendment, in subsection (A)(1), substituted "South Carolina Bar" for "Bar in at least one state".
S.C. Code Ann. § 25-9-110 — SC Code / Title 25 / Chapter 9 / Article 3 / Section 25-9-110
SECTION 25-9-110. Issuance and sale of obligations of the United States.
Status: in_force

Notwithstanding the provisions of any other laws, all persons may, during the continuance of any emergency proclaimed by the President of the United States or of a state of war between the United States and a foreign nation and for such time thereafter as may be expedient or necessary and upon designation by and qualification with the Secretary of the Treasury of the United States or under his authority, act as issuing agents for the sale and issue of obligations of the United States.
S.C. Code Ann. § 25-1-2510 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2510
SECTION 25-1-2510. Delivery of accused to civil authority for trial; civil conviction interrupting sentence of court-martial; completion of military sentence.
Status: in_force

A person subject to the Code of Military Justice who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial if the approval of the person's immediate commanding officer is obtained. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to the place of original custody for completion of his sentence.
S.C. Code Ann. § 25-1-2810 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2810
SECTION 25-1-2810. Error of law; lesser included offense.
Status: in_force

A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
S.C. Code Ann. § 25-1-1310 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1310
SECTION 25-1-1310. Duty of State to maintain and govern National Guard.
Status: in_force

The duty of maintaining and governing the National Guard of South Carolina not in the service of the United States, rests upon the State, subject to the constitutional authority of Congress.
S.C. Code Ann. § 25-11-360 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-360
SECTION 25-11-360. Grant eligibility of next of kin of member wounded or killed on active duty.
Status: in_force

(A) The grant applicant must show proof of the following: (1) The applicant is a member of the South Carolina National Guard or a South Carolina resident who is a member of another United States Armed Forces Reserve component, applying on behalf of the applicant's family, or is next of kin of that member. Proof of residency for military members consists of information obtained from DEERS. Proof of a familial relationship also consists of information obtained from DEERS. (2) The South Carolina National Guard or Reserve component member was on active military duty for at least thirty consecutive days as a result of the September 11, 2001, terrorist attacks. Proof of active duty consists of a copy of the orders issued by an authorized headquarters ordering the member to this duty and documentation showing that this duty was actually performed. (3)(a) A statement signed by the member stating that the member sustained a service-connected injury or illness; or (b) a statement signed by the member's next of kin that the member was killed in action, is missing in action, or is a prisoner of war. (4) Proof of next of kin status includes, but is not limited to, an affidavit signed by the applicant or information obtained from DEERS. (5) The department may waive the thirty-day requirement in subsection (A)(2) upon a written request indicating the circumstances justifying the waiver. The department may use discretion in granting or denying these requests. (6) The department must verify with the United States Department of Defense that the member has been wounded or killed, is missing in action, is a prisoner of war, or was otherwise incapacitated while on active duty. No payments may be made without this verification. (B) Applications submitted under this section take precedence over all other applications. (C) Members who, at any time before the disbursement of funds pursuant to a grant application under this section, receive a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions, are ineligible to receive grants pursuant to this section. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), in (5), in the first and second sentences, substituted "The department" for "The division", in (6), in the first sentence, substituted "The department" for "The division", and made a nonsubstantive change.
S.C. Code Ann. § 25-1-2785 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2785
SECTION 25-1-2785. Cruel and unusual punishments prohibited.
Status: in_force

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel and unusual punishment, may not be adjudged by any court-martial and inflicted upon any person subject to this code.
S.C. Code Ann. § 25-13-60 — SC Code / Title 25 / Chapter 13 / Section 25-13-60
SECTION 25-13-60. Proof required of widows.
Status: in_force

It shall be sufficient to entitle the widow of a Confederate veteran to a pension as the widow of such veteran if such widow prove her relationship and (a) that she was living with her husband as his faithful wife at the time of his death, that the reason for not living with him was caused by no fault of hers or (b) that she had been married to such veteran ten years prior to his death. But the uncorroborated testimony of the widow shall not be sufficient proof of such facts.
S.C. Code Ann. § 25-1-2410 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2410
SECTION 25-1-2410. Citation of Code of Military Justice.
Status: in_force

This article may be cited as the "Code of Military Justice".
S.C. Code Ann. § 25-9-580 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-580
SECTION 25-9-580. Immunity.
Status: in_force

Nothing in this article is intended to waive existing or future immunity. Neither the State of South Carolina, nor any of its political subdivisions, agencies, or employees are liable or accountable in any way for the appointment of a special law enforcement officer or for any act or omission on the part of a special law enforcement officer.
S.C. Code Ann. § 25-1-2815 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2815
SECTION 25-1-2815. Forwarding record to convening authority.
Status: in_force

After a trial by court-martial the record must be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the person exercising general court-martial jurisdiction.
S.C. Code Ann. § 25-1-530 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-530
SECTION 25-1-530. Probationary and revocable appointment and promotion of officers.
Status: in_force

Every appointment and promotion of any person as a commissioned or warrant officer in the National Guard of South Carolina shall be probationary and revocable by the Governor at will. Except that if the appointee shall have been extended Federal recognition for his grade during such probationary period, his commission or warrant no longer shall be probationary or revocable in that grade.
S.C. Code Ann. § 25-11-570 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-570
SECTION 25-11-570. Design and appearance; South Carolina Prisoner of War Medal Fund.
Status: in_force

(A) The Adjutant General, in consultation with the secretary, shall develop the appropriate design and appearance of the medal and a ribbon to be worn in lieu of the medal. However, nothing in this section requires the secretary or the Adjutant General to provide or pay for the medal, ribbon, or its design. (B) There is created in the State Treasury a special fund to be known as the South Carolina Prisoner of War Medal Fund for the sole purpose of receipt and disbursement of donated funds from the public to be used in the design, production, purchasing, and presentation of the South Carolina Prisoner of War Medal as administered by the secretary, in consultation with the Adjutant General. The department, or the Adjutant General, shall remit all funds donated to the South Carolina Prisoner of War Medal Fund to the Office of State Treasurer for deposit and disbursement. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), in the first and second sentences, substituted "secretary" for "Director of the Division of Veterans' Affairs"; and in (B), in the first sentence, substituted "secretary" for "Director of the South Carolina Division of Veterans' Affairs", and in the second sentence, substituted "The department" for "The Office of the South Carolina Division of Veterans' Affairs.
S.C. Code Ann. § 25-1-2775 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2775
SECTION 25-1-2775. Announcement of findings and sentence.
Status: in_force

A court-martial shall announce its findings and sentence to the parties as soon as determined.
S.C. Code Ann. § 25-11-510 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-510
SECTION 25-11-510. South Carolina Prisoner of War "POW" Medal.
Status: in_force

There is created the South Carolina Prisoner of War "POW" Medal. The Governor may present the medal on behalf of the people of the State of South Carolina to any person who: (1) on the date of induction into the organized militia or federal military service, was a resident of this State and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during a time of war or emergency, was officially listed as a prisoner of war by the United States Department of Defense; (2) on the date of induction into the organized militia or federal military service, was not a resident of this State but currently resides in this State or was a resident at the time of death and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during time of war or emergency, was officially listed as a prisoner of war by the United States Department of Defense; or (3) meets the residency requirements of item (1) or (2), and was taken prisoner and held captive while: (a) engaged in an action against an enemy of the United States; (b) engaged in military operations involving conflict with an opposing foreign force; or (c) serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-320 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-320
SECTION 25-1-320. Adjutant General; appointment and term; salary; minimum qualifications; chief of staff.
Status: in_force

(A) There must be an Adjutant General appointed by the Governor upon the advice and consent of the Senate. The initial term of the first appointed Adjutant General must be for two years so as to allow subsequent terms to be staggered with that of the Governor's term. After the initial appointment, the Adjutant General must be appointed for a four-year term commencing on the first Wednesday following the second Tuesday in January that follows the general election that marks the Governor's midterm. The position of Adjutant General is recognized as holding the rank of Major General. He shall hold office until his successor is appointed and confirmed. The Adjutant General is the commander of all military forces within the South Carolina Military Department, and he is responsible to the Governor in his role as and Commander in Chief for the proper performance of his duties. He shall receive an annual salary as provided by the General Assembly and only may be removed for cause prior to the expiration of his term pursuant to the provisions of Section 1-3-240(C). (B) The person appointed Adjutant General by the Governor must possess, at a minimum, the following qualifications: (1) be a qualified elector of this State; (2) be in an active National Guard status at the time of the appointment, except as provided in subsection (E); (3) be a graduate of the Army War College, the Air War College, or the military education level equivalent; (4) have ten or more years of federally recognized commissioned service in the South Carolina National Guard, at least five years of which must have been at the rank of Lieutenant Colonel (O-5) or higher; (5) have command experience at the battalion or squadron level or higher; and (6) hold the rank of Colonel (O-6) or higher and possess the necessary qualifications to serve as a federally recognized general officer. (C) In addition to the minimum qualifications for the Office of Adjutant General specified in subsection (B), the Governor also may consider: (1) the candidates' military experience, including command experience or military service in an area where hostile-fire pay or imminent-danger pay was authorized pursuant to federal law or regulation; and (2) the promotion criteria for the rank of major general or higher. (D) In the event of a vacancy or impending vacancy in the Office of the Adjutant General, the South Carolina Military Department, upon request of the Governor, shall provide a list of candidates who satisfy the qualifications for office specified in subsection (B) and copies of the candidates' military personnel records. (E) Nothing in this section may be construed to prohibit the Governor's ability to appoint a qualified retired officer who has not exceeded the maximum age to serve as a federally recognized general officer. Editor's Note 2014 Act No. 224, SECTION 4, provides as follows: "SECTION 4. This act takes effect upon the ratification of amendments to Section 7, Article VI, and Section 4, Article XIII of the Constitution of this State deleting the requirement that the Adjutant General be elected by the qualified electors of this State and providing that he be appointed by the Governor." [Ratified effective March 5, 2015, see 2015 Act No. 1 (S.8)] Effect of Amendment 2014 Act No. 224, SECTION 2, rewrote the section.
S.C. Code Ann. § 25-1-2250 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2250
SECTION 25-1-2250. Leaves of absence for public officers and employees.
Status: in_force

Officers and employees of the State of South Carolina, and departments and subdivisions thereof, shall be entitled to military leave without loss of pay, seniority or efficiency rating, when attending National Guard encampments or schools for training, under proper authority, and on all other occasions when ordered to active duty, in the service of the State of South Carolina.
S.C. Code Ann. § 25-1-3130 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3130
SECTION 25-1-3130. Oath of Witnesses.
Status: in_force

All persons who give evidence before a court-martial must be examined on oath or affirmation administered by the trial counsel in the following form: "Do you swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God." In case of affirmation the closing sentence of adjuration may be omitted.
S.C. Code Ann. § 25-3-40 — SC Code / Title 25 / Chapter 3 / Section 25-3-40
SECTION 25-3-40. Qualifications for commission or enlistment.
Status: in_force

In order to be commissioned or enlisted in such force, a person must meet the following qualifications: (a) be a citizen of the United States or a person who has declared an intention to become a citizen of the United States; (b) have not been dishonorably discharged from any military or naval organization of this State, another state, or the United States; (c) be at least seventeen years old. In carrying out the provisions of this chapter, preference shall be accorded veterans of former wars so far as may be consistent with the public interest and both males and females may serve in such force as officers and as enlisted persons.
S.C. Code Ann. § 25-1-3155 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3155
SECTION 25-1-3155. Delegation of authority.
Status: in_force

The Governor or adjutant general may delegate any authority vested in him under this code and may provide for the subdelegation of the authority, except the power given the Governor by SECTION 25-1-2580.
S.C. Code Ann. § 25-1-4080 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4080
SECTION 25-1-4080. List of rights of servicemember or servicemember's dependent posted on South Carolina National Guard website.
Status: in_force

The Adjutant General shall post on the South Carolina National Guard website a list of the rights a servicemember or a servicemember's dependent has pursuant to both the South Carolina Servicemembers Civil Relief Act and the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-1-170 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-170
SECTION 25-1-170. Licenses and certificates for spouses licensed in other jurisdictions.
Status: in_force

(A) Except as provided in subsection (G), and notwithstanding other provisions of law, this section applies to a board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the State of South Carolina. A board, commission, or agency providing professional licenses or certificates, or both, may promulgate rules in conformity with this section for the purpose of implementing its requirements. (B) Except as provided in subsection (G), and notwithstanding another provision of law, this section applies to individuals who: (1) are married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders; (2) have not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate; (3) have not been disciplined by an authorized entity or are under investigation, in any jurisdiction, in relation to a professional license or certificate; and (4) pay any required fee and submit to any required criminal or other background check by an authorized board, commission, or agency in this State. (C) An eligible individual under subsection (B) who possesses a valid professional or occupational license or certificate in another state, district, or territory of the United States with licensing or certification requirements greater than or substantially similar to the licensing or certification requirements of the appropriate board, commission, or agency in this State must be approved to continue work in that profession or occupation upon relocation to this State for such time as normally allotted with receipt of a license or certificate from the appropriate board, commission, or agency. (D) Upon completion of an application that documents compliance with the receiving agency's requirements for a certificate or license, an authorized board, commission, or agency shall process the application and issue a license within fifteen business days after receipt of the application. (E) In addition to general personal information about the applicant, and other documentation satisfying the receiving agency's requirements for a certificate or license, the application must include proof that he: (1) is married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders; (2) possesses a valid license or certificate in another state, district, or territory of the United States; and (3) holds the license in subsection (B) in "good standing" as evidenced by a certificate of good standing from the state, district, or territory of the United States that issued the license. (F) A board, commission, or agency in this State may establish reciprocity with other states for military spouse professional licensing and certification. (G) This section does not apply to: (1) the practice of law or the regulation of attorneys; and (2) educators. (H) A license or certificate issued pursuant to this section is valid for the same period of time as a license or certificate issued pursuant to the requirements of the applicable title for the particular profession or occupation. (I) Nothing in this section prevents a board, commission, or agency from revoking, penalizing, or suspending a license pursuant to the appropriate code sections regulating the particular profession. Editor's Note 2020 Act No. 139, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'."
S.C. Code Ann. § 25-1-90 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-90
SECTION 25-1-90. Service within State of military forces from another State.
Status: in_force

No armed military force from another state, territory or district shall be permitted to enter the State for the purpose of doing military duty therein without the permission of the Governor, unless such force is acting under the authority of the United States Government. Effect of Amendment 2025 Act No. 55, SECTION 1, deleted "part of the United States Army or is" preceding "acting".
S.C. Code Ann. § 25-1-2330 — SC Code / Title 25 / Chapter 1 / Article 18 / Section 25-1-2330
SECTION 25-1-2330. Judicial action for enforcement of rights.
Status: in_force

Any employee may file a motion, petition, or other appropriate pleading in the circuit court of the county in which the employer's place of business is located requiring the employer to comply with the provisions of this article to compensate such employee for any loss of wages or benefits.
S.C. Code Ann. § 25-11-85 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-85
SECTION 25-11-85. Veterans Service Organization Burial Honor Guard Support Fund established.
Status: in_force

(A)(1) There is established and created in the State Treasury a fund separate and distinct from the general fund of the State and all other funds entitled the "Veterans Service Organization Burial Honor Guard Support Fund". The fund's exclusive purpose is to help offset the costs paid by South Carolina chapters of congressionally chartered veterans service organizations that provide well-equipped and properly trained honor guard burial details at the funerals of qualifying South Carolina veterans. (2) Revenues of the fund may include gifts, grants, federal funds, or donations made to the fund, regardless of source, and amounts as may be appropriated to the fund by the General Assembly. Money deposited in the fund must be disbursed by the State Treasurer upon the warrant of the Secretary of the Department of Veterans' Affairs or his representative. Earnings on this fund must be credited to it, and a balance in the fund at the end of a fiscal year does not lapse to the general fund of the State, but is instead carried forward in the fund to the succeeding fiscal year to be used for the same purposes. The fund is not subject to midyear budget reductions, and disbursements awarded may not at any time exceed the fund balance at the time of the grant. (B) Upon request by a South Carolina chapter of a congressionally chartered veterans service organization that provided an honor guard burial detail at the funeral of a qualifying South Carolina veteran, the Secretary of the Department of Veterans' Affairs or his representative may authorize a disbursement from the fund, in an amount not less than fifty dollars, but not exceeding the per funeral cap established annually by the secretary, for the purposes described in this section. Pursuant to his authority provided for in Section 25-11-20(D), the Secretary of the Department of Veterans' Affairs may promulgate regulations necessary to implement the provisions of this section. (C) As used in this section: (1) "Veteran" means a person who has: (a) served on active duty in the uniformed military services of the United States; (b) served on active duty in the National Guard or any organized state militia; or (c) served in the reserve components of the uniformed military services of the United States on active duty; and (d) was released from this service other than by dishonorable discharge. (2) "Veterans service organization" means an association, corporation, or other entity that qualifies under Internal Revenue Code Section 501(c)(3) or Section 501(c)(19) as a tax exempt organization, a federally chartered veterans service corporation, or a veterans' affairs office or agency established by state law. This term also includes a member or employee of any such entity.
S.C. Code Ann. § 25-1-400 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-400
SECTION 25-1-400. Duties of Assistants during absence of Adjutant General.
Status: in_force

In case of absence or inability of the Adjutant General to perform the duties of his office, the Governor shall designate one of the Assistant Adjutants General to serve as the Adjutant General.
S.C. Code Ann. § 25-1-3065 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3065
SECTION 25-1-3065. Conduct unbecoming a member of the National Guard.
Status: in_force

A person subject to the Code of Military Justice, who is convicted of conduct unbecoming a member of the National Guard, may be punished as a court-martial directs. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 25-1-370 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-370
SECTION 25-1-370. Seal as authentication.
Status: in_force

The seal used in the office of the Adjutant General shall be the seal of his office and shall be delivered by him to his successor. Where deemed appropriate orders issued from his office shall be authenticated with such seal and copies, order, records and papers in his office, duly certified and authenticated under such seal, shall be evidence in all cases in like manner as if the originals were produced.
S.C. Code Ann. § 25-1-1620 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1620
SECTION 25-1-1620. Adjutant General to be manager and custodian of training facilities; rental or sublease of facilities.
Status: in_force

The Adjutant General shall be the State custodian and manager of training facilities. No training facility shall be used for any other than a strictly military purpose without the recommendation of the officer in charge thereof and approval of the Adjutant General. Facilities owned by or leased for the military department may be rented or subleased when not in use for training under regulations promulgated by the Adjutant General.
S.C. Code Ann. § 25-12-10 — SC Code / Title 25 / Chapter 12 / Section 25-12-10
SECTION 25-12-10. Disposal of unclaimed or cremated human remains of a veteran.
Status: in_force

The unclaimed or cremated human remains of a veteran as defined in this chapter must be disposed of pursuant to the provisions of this chapter. Effect of Amendment 2014 Act No. 160, SECTION 1, reenacted this section with no apparent change. 2024 Act No. 142, SECTION 1, substituted "unclaimed or cremated human remains" for "unclaimed cremated remains" and "must be disposed" for "may be disposed".
S.C. Code Ann. § 25-1-1900 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1900
SECTION 25-1-1900. Proclamation of state of insurrection.
Status: in_force

Whenever any portion of the National Guard or militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving or any specified portion thereof to be in a state of insurrection, rebellion, tumult, riot, resistance to law or process or breach of the peace.
S.C. Code Ann. § 25-1-2985 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2985
SECTION 25-1-2985. Improper use or disclosure of parole or countersign.
Status: in_force

Any person subject to this code, who in time of war, or when the use of military force has been authorized by the President, Governor, or Congress, discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, may be punished as a court-martial may direct. Effect of Amendment 2024 Act No. 145, SECTION 16, inserted ", or when the use of military force has been authorized by the President, Governor, or Congress,".
S.C. Code Ann. § 25-1-2726 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2726
SECTION 25-1-2726. Jurisdiction over accused.
Status: in_force

Jurisdiction over the accused attaches upon service of charges on the accused. Failure to respond or appear shall not defeat jurisdiction to try and sentence an accused in absentia.
S.C. Code Ann. § 25-13-110 — SC Code / Title 25 / Chapter 13 / Section 25-13-110
SECTION 25-13-110. Payments in event of death.
Status: in_force

In the event of the death of a widow of a Confederate veteran who is a bona fide pensioner, the full amount which would have been paid to her during the succeeding year shall be paid to the person defraying her funeral expenses. In any case there shall be paid for bona fide pensioners to the person defraying their funeral expenses one pension after death.
S.C. Code Ann. § 25-1-2630 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2630
SECTION 25-1-2630. Detail of trial counsel and defense counsel; qualifications.
Status: in_force

(1) For each general and special court-martial, either the authority convening the court or the state judge advocate shall detail trial counsel and defense counsel, and the assistants he considers appropriate. A person who has acted as investigating officer, military judge, or court member in a case may not act later as trial counsel, assistant trial counsel, or unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. A person who has acted for the prosecution may not act later in the same case for the defense, and a person who has acted for the defense may not act later in the same case for the prosecution. (2) Trial counsel or defense counsel detailed for a general court-martial must be: (a) a person who is a member of the South Carolina Bar or a member of the bar of a federal court; (b) certified as competent to perform the duties by the state judge advocate. (3) In the case of a special court-martial: (a) The accused must be afforded the opportunity to be represented at the trial by counsel who has the qualifications prescribed under subsection (2) of this section unless counsel who has these qualifications may not be obtained on account of physical conditions or military exigencies. If counsel who has these qualifications may not be obtained, the court may be convened and the trial held, but the convening authority shall make a detailed written statement, to be appended to the record stating why counsel with these qualifications was not obtained. (b) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified. (c) If the trial counsel is a member of the South Carolina Bar, the defense counsel detailed by the convening authority also must be a member of the South Carolina Bar. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 25-1-1810 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1810
SECTION 25-1-1810. National Guard subject to call by United States.
Status: in_force

The National Guard of South Carolina or any part thereof shall be subject to call for Federal service at such times, in such manner and in such numbers as may from time to time be prescribed by the Congress of the United States.
S.C. Code Ann. § 25-1-2490 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2490
SECTION 25-1-2490. Place of confinement; expenses; reports.
Status: in_force

Persons confined other than in a guardhouse, whether before or during trial by court-martial, must be confined in any place of confinement under the control of any of the federal armed forces, state military forces, or in any penal or correctional institution, detention facility, jail, or stockade under the control of the State or any of its political subdivisions. All expenses of the confinement must be paid as if the prisoner were committed to confinement by civilian state officials. Unless circumstances prohibit, the place of confinement must be in the prisoner's county of residence or the county in which the prisoner's unit is headquartered. No provost marshal, commander of a guard, master-at-arms, warden, keeper, sheriff, supervisor, or officer of a place of confinement designated in the first paragraph of this section, may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner. Every commander of a guard, master-at-arms, warden, keeper, sheriff, supervisor, or officer of a place of confinement designated in the first paragraph of this section, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commander of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
S.C. Code Ann. § 25-1-590 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-590
SECTION 25-1-590. Retirement of officers and enlisted men.
Status: in_force

Officers and enlisted men of the National Guard of South Carolina must be retired by order of the commander-in-chief with a promotion of one grade, effective the date of retirement or medical discharge at the request of an officer or enlisted man upon completion of twenty or more years of honorable service in the National Guard of South Carolina, the Armed Forces of the United States, and reserve components of these branches, except that the last ten years of that service must have been in the South Carolina National Guard, or in the National Guard of the United States, and provided that the individual concerned was a member of the South Carolina National Guard at the time he was ordered to active duty in the National Guard of the United States status. The years of service requirements shall not apply to members of the National Guard of South Carolina who are medically discharged prior to the completion of at least twenty years of qualifying military service, so long as the individual's discharge is characterized as honorable. A commissioned officer holding the grade of major general upon retirement must be retired in that grade; a warrant officer holding the grade of chief warrant officer upon retirement must be retired in that grade; and an enlisted man holding the highest authorized enlisted grade upon retirement must be retired in that grade. Retired officers and retired enlisted men shall draw no pay or allowances except when placed on duty. They must be subject to temporary detail by the commander-in-chief, and while on this duty, shall receive the same pay and allowances as officers and enlisted men of the same rank on the active list. On all occasions of duty or ceremony, retired officers and enlisted men shall take rank below officers and enlisted men of the same grade on the active list. Effect of Amendment The 2012 amendment inserted "or medical discharge" after "effective the date of retirement"; inserted "The years of service requirements shall not apply to members of the National Guard of South Carolina who are medically discharged prior to the completion of at least twenty years of qualifying military service, so long as the individual's discharge is characterized as honorable"; and made other, nonsubstantive, changes.
S.C. Code Ann. § 25-9-500 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-500
SECTION 25-9-500. Short title.
Status: in_force

This act may be cited as the "South Carolina Emergency Management Law Enforcement Act".
S.C. Code Ann. § 25-15-20 — SC Code / Title 25 / Chapter 15 / Section 25-15-20
SECTION 25-15-20. Improper use of Confederate Crosses of Honor.
Status: in_force

It is unlawful for a person to wear as a badge, expose upon their person, sell, offer for sale, or otherwise dispose of, or use or manufacture any badge or insignia known as the Confederate Cross of Honor or any counterfeit or likeness of the badge, unless the badge has been conferred, bestowed, or authorized to be bestowed by the United Daughters of the Confederacy, or in any other way than as prescribed by the rules and regulations made and adopted by the United Daughters of the Confederacy. A person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year.
S.C. Code Ann. § 25-1-4010 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4010
SECTION 25-1-4010. Short title.
Status: in_force

This article may be cited as the "South Carolina Servicemembers Civil Relief Act". Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-11-560 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-560
SECTION 25-11-560. Plan to accept nominations.
Status: in_force

The department must develop and implement a plan to accept nominations for the medal. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, substituted "The department" for "The Division of Veterans' Affairs".
S.C. Code Ann. § 25-1-1840 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1840
SECTION 25-1-1840. Authority of Governor to order out National Guard.
Status: in_force

In the event of (a) war, insurrection, rebellion, invasion, tumult, riot or a mob, (b) a body of men acting together by force with intent to commit a felony, to offer violence to persons or property or by force and violence to break and resist the laws of this State or of the United States, (c) in case of the imminent danger of the occurrence of any of such events or (d) in the event of public disaster the Governor may order the National Guard of South Carolina or any part thereof into the active service of the State and cause them to perform such duty as he shall deem proper. The Governor may also upon the written request of the mayor of a city or the sheriff of a county within which a large public assemblage is to occur order out the National Guard or any part thereof to preserve order and keep people within bounds at such assemblage. In case the Governor shall be absent from the State or unavailable for any reason, the authority herein bestowed shall pass to the Adjutant General of the State.
S.C. Code Ann. § 25-17-30 — SC Code / Title 25 / Chapter 17 / Section 25-17-30
SECTION 25-17-30. Maintenance of museum and collection; improvement of grounds for outdoor displays.
Status: in_force

Military Department of South Carolina equipment, supplies, and personnel may be used to maintain the museum and collection. The board may improve existing grounds by the construction of concrete slabs and fencing for suitable outdoor display of large items of heavy equipment such as artillery, armored vehicles, and other military equipment and weapons.
S.C. Code Ann. § 25-13-90 — SC Code / Title 25 / Chapter 13 / Section 25-13-90
SECTION 25-13-90. Temporary custody of enrollment books.
Status: in_force

Upon the written request of the Governor, the clerk of the court shall permit any State official charged with perfecting, editing or publishing the official Confederate rolls to have temporary custody of county or township enrollment books, the clerk of court taking the receipt of such official for the enrollment books loaned and when returned receipting to such official for them.
S.C. Code Ann. § 25-1-2580 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2580
SECTION 25-1-2580. Appointment of general courts-martial.
Status: in_force

General courts-martial may be appointed only by order of the Governor, who may delegate this authority to the Adjutant General. The Adjutant General may not sub-delegate general courts-martial appointment authority. Effect of Amendment The 2011 amendment, in the first sentence, added ", who may delegate this authority to the Adjutant General"; and added the second sentence.
S.C. Code Ann. § 25-11-320 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-320
SECTION 25-11-320. South Carolina Military Family Relief Fund established; donations; awarding grants.
Status: in_force

There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds entitled the South Carolina Military Family Relief Fund. Earnings on this fund must be credited to it and a balance in the fund at the end of a fiscal year does not lapse to the general fund of the State but is instead carried forward in the fund to the succeeding fiscal year and used for the same purposes. The fund is not subject to mid-year budget reductions. Revenues of the fund include amounts donated to it pursuant to the state individual income tax return as provided in Section 12-6-5060, other grants or donations made to the fund, regardless of source, and amounts as may be appropriated to the fund by the General Assembly. The department may award grants from the fund in the manner and for the purposes provided in this article. Grants awarded may not at any time exceed the fund balance at the time of the grant. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in the fifth sentence, substituted "The department" for "The division".
S.C. Code Ann. § 25-1-2480 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2480
SECTION 25-1-2480. Arrest or confinement; informing person of rights.
Status: in_force

Any person subject to this code charged with an offense under this code may be ordered into arrest or, under extraordinary circumstances, into confinement; but when charged only with an offense normally tried by a summary court-martial, the person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
S.C. Code Ann. § 25-3-210 — SC Code / Title 25 / Chapter 3 / Section 25-3-210
SECTION 25-3-210. Resignation of officers or discharge of enlisted men.
Status: in_force

The Governor may accept the resignation of any officer or grant a discharge to any enlisted man at any time in his discretion.
S.C. Code Ann. § 25-12-20 — SC Code / Title 25 / Chapter 12 / Section 25-12-20
SECTION 25-12-20. Definitions.
Status: in_force

As used in this chapter: (1) "Veteran" means a person who has: (a) served on active duty in the uniformed military services of the United States; (b) served on active duty in the National Guard or any organized state militia; or (c) served in the reserve components of the uniformed military services of the United States on active duty; and (d) was released from this service other than by dishonorable discharge. (2) "Veterans service organization" means an association, corporation, or other entity that qualifies under Internal Revenue Code Section 501(c)(3) or Section 501(c)(19) as a tax exempt organization, a federally chartered veterans' service corporation, or a veterans' affairs office or agency established by state law. This term also includes a member or employee of any such entity. (3) "National cemetery" means a cemetery under the control of the United States Department of Veterans Affairs National Cemetery Administration. (4) "Disposition" means disposal of cremated remains by placement in a tomb, mausoleum, crypt, columbarium, or by burial in a cemetery. For purposes of this chapter, "disposition" does not include the scattering of cremated remains. (5) "Funeral home", "funeral establishment", and "mortuary" means as defined in Section 40-19-20. (6) "Coroner" means the person defined in Section 17-5-5(3). Effect of Amendment 2014 Act No. 160, SECTION 1, added subsection (6), definition of "Coroner", and made other nonsubstantive changes.
S.C. Code Ann. § 25-11-310 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-310
SECTION 25-11-310. Definitions.
Status: in_force

For the purposes of this article: (1) "Active duty" means military service performed as State Active Duty under the South Carolina Military Code, or corresponding provisions of the applicable state statute for South Carolina residents who are National Guard members of other states; military service performed under the provisions of Title 32, United States Code; or military service performed under the provisions of Title 10, United States Code. (2) "Department" means the Department of Veterans' Affairs. (3) "Duty as a result of September 11, 2001, terrorist attacks" means active duty service of a minimum of thirty consecutive days, directly related to the President's Partial Mobilization Authority in response to the attacks, (currently referred to as Operation Noble Eagle and Operation Enduring Freedom); any future operations as determined by the President; or any future operations as determined by the Governor of the State. (4) "Families of members" means a husband, wife, child, mother, father, brother, sister, or other person who has been approved as a dependent and is enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) in accordance with applicable military regulations. A custodial parent or guardian of a member's dependent may apply for a grant on behalf of that dependent. (5) "Next of kin" means the person listed as next of kin for the member in DEERS. In the case of multiple entries for next of kin, the first person listed is considered next of kin for the purposes of this article. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2014 Act No. 121, SECTION 7.BB.4, in subsection (2), substituted "Veterans' Affairs in the Department of Administration" for "Veterans Affairs in the Office of the Governor". 2019 Act No. 26, SECTION 3, in the first undesignated paragraph, substituted "For the purposes of" for "As used in"; and rewrote (2).
S.C. Code Ann. § 25-1-2995 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2995
SECTION 25-1-2995. Captured or abandoned property.
Status: in_force

(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the State and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (2) Any person, subject to this code may be punished as a court-martial may direct, if he: (A) fails to carry out the duties prescribed in subsection 1 of this section; (B) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; (C) engages in looting or pillaging.
S.C. Code Ann. § 25-1-2920 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2920
SECTION 25-1-2920. Desertion.
Status: in_force

(1) Any member of the military forces is guilty of desertion who: (A) without authority, goes or remains absent from his unit, organization, or place of duty with intent to remain away permanently; (B) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; (C) without being regularly separated from one of the armed forces of the United States, enlists or accepts an appointment in the military forces, without fully disclosing the fact that he has not been regularly separated. (2) Any commissioned officer of the military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away permanently is guilty of desertion. (3) Any person found guilty of desertion or attempt to desert may be punished as a court-martial may direct.
S.C. Code Ann. § 25-3-70 — SC Code / Title 25 / Chapter 3 / Section 25-3-70
SECTION 25-3-70. Term of enlistment; oath.
Status: in_force

No person shall be enlisted for more than three years, but such enlistment may be extended or renewed for additional periods of up to three years upon the consent of the State Guard and the enlisted person. The oath to be taken upon enlistment in such force shall be substantially in the form prescribed for enlisted persons of the National Guard substituting the words "South Carolina State Guard" where necessary.
S.C. Code Ann. § 25-1-2460 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2460
SECTION 25-1-2460. "Apprehension" defined; persons authorized to apprehend offenders.
Status: in_force

For purposes of this code, " apprehension" is the taking of a person into custody. Any person authorized by this code to apprehend persons subject to the code, any marshal of a court-martial appointed pursuant to the provisions of the code, and any officer under the laws or regulations of the United States or of South Carolina, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. Commissioned officers, warrant officers, and noncommissioned officers may, subject to the laws of South Carolina, quell quarrels, frays, and disorders among persons subject to the code and apprehend persons subject to this code who take part therein.
S.C. Code Ann. § 25-21-30 — SC Code / Title 25 / Chapter 21 / Section 25-21-30
SECTION 25-21-30. Duties and functions of board of trustees.
Status: in_force

To fulfill its duties and functions, the board is authorized, but not limited to: (1) assess the needs of veterans, establish priorities, and develop goals and objectives for the Veterans' Trust Fund; (2) decide how the monies in the fund must be disbursed; (3) accept gifts, grants, and bequests from any person, entity, or foundation, either public or private; (4) accept appropriations, loans, or grants from any governmental or quasigovernmental source; (5) acquire and hold property; (6) invest trust monies, including pooled investment funds maintained by the State; (7) solicit proposals for programs aimed at meeting identified needs; (8) establish rules of procedure for board meetings and any other function of the fund necessary for the orderly conduct of its business; (9) enter into contracts for the awarding of grants to public or private, nonprofit organizations; (10) establish criteria for awarding of grants which shall include the consideration of at least: (a) the priority of the service need that the proposal addresses; (b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives; (c) a cost-benefit analysis of the project; (d) the degree of community support for the proposal; (e) the utilization of local resources, including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not, required; (f) the qualifications of employees to be hired under the grant; (g) the experience of the proposed project administrators in providing ongoing accountability for the program. (11) fundraise, to include making disbursements from the fund in support of fundraising activities. The disbursements may not exceed the lesser of one percent of the assets of the fund or fifty percent of the amount allowed to be disbursed pursuant to Section 25-21-40 per calendar year based on the closing balance of the fund and the end of the preceding calendar year. Effect of Amendment 2024 Act No. 151, SECTION 2, added (11).
S.C. Code Ann. § 25-3-200 — SC Code / Title 25 / Chapter 3 / Section 25-3-200
SECTION 25-3-200. Courts-martial.
Status: in_force

Whenever such force, or any part thereof, shall be ordered out for active service the provisions of law governing the National Guard of this State relating to courts-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect.
S.C. Code Ann. § 25-1-2260 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2260
SECTION 25-1-2260. Continuance of court case when party or attorney on active duty.
Status: in_force

It is the duty of a judge of a court of this State to continue a case in the court on or without motion when a party to it or his leading attorney is absent from court when the case is reached by reason of his attendance on active duty as a member of the National Guard or reserves. The case may proceed if the party, in the absence of his leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his client to make oath that he cannot safely go to trial without the absent attorney and, if a party is absent, his counsel shall state in his place that he cannot safely go to trial without his client."
S.C. Code Ann. § 25-1-430 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-430
SECTION 25-1-430. Definitions.
Status: in_force

As used in this article: (a) "Emergency preparedness" shall mean the extraordinary actions of government in preparing for and carrying out all functions and operations, other than those for which the military is primarily responsible, when concerted, coordinated action by several agencies or departments of government and private sector organizations are required to prevent, minimize, and repair injury and damage resulting from a disaster of any origin. (b) "Emergency" shall mean actual or threatened enemy attack, sabotage, conflagration, flood, storm, epidemic, earthquake, riot, or other public calamity. (c) "South Carolina Emergency Management (Civil Defense) Organization" shall mean all officers and employees of state government, county government, and municipal government, together with those volunteer forces enrolled to aid them in an emergency and persons who may by agreement or operation of law be charged with duties incident to protection of life and property of this State during emergencies. Effect of Amendment The 2008 amendment reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-1830 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1830
SECTION 25-1-1830. Duty when called to suppress unlawful assembly.
Status: in_force

When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly it must obey the orders in relation thereto of the civil officer calling it out and render the aid required. The orders of the civil officer may extend to a direction of the general or specific mission to be accomplished and the duration of service by the National Guard, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the mission specified by the civil officers are left solely to the officers of the National Guard.
S.C. Code Ann. § 25-1-2680 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2680
SECTION 25-1-2680. Referral of charge to state judge advocate before trial; error in charges or specifications.
Status: in_force

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under the Code of Military Justice and is warranted by evidence indicated in the report of the investigation. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications may be made to make them conform to the evidence.
S.C. Code Ann. § 25-1-2800 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2800
SECTION 25-1-2800. Execution of sentence of confinement; hard labor.
Status: in_force

Under such instructions as the adjutant general may prescribe, a sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of the federal armed forces, the state military forces or in any penal or correctional institution, detention facility, jail, or stockade under the control of the State or a political subdivision of it, or which the State or a political subdivision of it may be allowed to use. Persons so confined in a penal or correctional institution not under the control of the military forces are subject to the same discipline and treatment as persons confined or committed by the courts of the State. The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
S.C. Code Ann. § 25-1-2780 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2780
SECTION 25-1-2780. Record of trial.
Status: in_force

Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the record may not be authenticated by the military judge by reason of his death, disability, or absence, it must be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record must be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this paragraph. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge or confinement and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor or the Adjutant General. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. Summary court-martial proceedings must use documents promulgated by regulations of the Adjutant General. Effect of Amendment 2024 Act No. 145, SECTION 12, in the first undesignated paragraph, in the fourth sentence, added "or the Adjutant General" at the end.
S.C. Code Ann. § 25-9-550 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-550
SECTION 25-9-550. Authority of special law enforcement officer.
Status: in_force

A special law enforcement officer appointed pursuant to this article is authorized to: (1) preserve the peace and protect the people of this State; (2) detain and arrest individuals without a warrant for criminal offenses occurring within the officer's presence or view and necessary to maintain and establish public peace, health, or safety in the State; (3) exercise the same powers, duties, rights, privileges, and immunities that are afforded law enforcement officers of this State; (4) possess and carry firearms and other weapons as authorized while on duty; and (5) exercise statewide jurisdiction.
S.C. Code Ann. § 25-1-2880 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2880
SECTION 25-1-2880. Principals.
Status: in_force

Any person is a principal who is subject to the code and who: 1. commits an offense punishable by the code, or aids, abets, counsels, commands, or procures its commission; or 2. causes an act to be done which if directly performed by him would be punishable by the code.
S.C. Code Ann. § 25-1-2850 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2850
SECTION 25-1-2850. Appellate counsel.
Status: in_force

The National Guard shall not have the responsibility to provide appellate counsel for a defendant. Appellate counsel for a defendant tried by special or general court-martial must be provided under the same provisions as if the defendant were tried as a civilian in a state court. The Attorney General shall provide appellate counsel for the National Guard.
S.C. Code Ann. § 25-1-1890 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1890
SECTION 25-1-1890. Call of unorganized militia to service in addition to National Guard.
Status: in_force

In the event of or imminent danger of war, insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, if the Governor shall have ordered into active service all of the available forces of the National Guard of South Carolina and shall consider them insufficient in numbers to properly accomplish the purpose, he may then in addition order out the unorganized militia or such portion thereof as he may deem necessary and cause them to perform such military duty as the circumstances may require.
S.C. Code Ann. § 25-1-2530 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2530
SECTION 25-1-2530. Types of courts-martial.
Status: in_force

There may be three types of courts-martial in the state military forces: 1. general court-martial, consisting of: (a) a military judge and not less than five members; or (b) only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge, and after consultation with defense counsel, requests in writing a court composed only of a military judge, and the military judge approves; 2. special court-martial, consisting of: (a) a military judge and not less than three members; or (b) only a military judge, if one has been detailed to the court, and the accused under the same conditions as prescribed in item (b) of subsection 1 of this section so requests; and 3. summary court-martial, consisting of one officer, the state military judge, a judge advocate detailed to the court as the hearing officer, or a panel of three officers. Effect of Amendment 2024 Act No. 145, SECTION 6, in 2., deleted former (a) and redesignated (b) and (c) as (a) and (b); and in 3., inserted ", the state military judge, a judge advocate detailed to the court as the hearing officer, or a panel of three officers" at the end.
S.C. Code Ann. § 25-1-2230 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2230
SECTION 25-1-2230. Discharges of enlisted men.
Status: in_force

An enlisted person may be discharged from the state military forces according to regulations adopted by the Adjutant General or pursuant to federal law or regulations. On termination of the appointment of an enlisted person in the state military forces, the enlisted person shall be given a certificate of discharge stating the character of the person's service.
S.C. Code Ann. § 25-11-50 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-50
SECTION 25-11-50. Relations of secretary and county veterans' affairs officers.
Status: in_force

(A) The secretary shall establish uniform methods and procedures for the performance of service work among the several county officers, maintain contact and close cooperation with such officers, and provide assistance, advice and instructions with respect to changes in law and regulations and administrative procedure in relation to the application of such laws and he may require from time to time reports from such county veterans' affairs officers, reflecting the character and progress of their official duties. (B) The secretary or his designee shall evaluate each county office no more than twice per year to determine the level of service being provided to veterans and to ensure compliance with established uniform methods and procedures. The department shall reevaluate any deficiencies noted no more than six months from the initial inspection. The department may assist a county in creating and executing a corrective action plan by the time of reinspection. The secretary shall report the results of final inspection, in writing, to the legislative delegation and the county administrator of each county within ninety days of the final evaluation. The secretary or his designee shall not have the authority to remove a county officer for any reason. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, substituted "The secretary" for "The Director of the Division of Veterans' Affairs", and made nonsubstantive changes. 2025 Act No. 43, SECTION 1, designated the existing text as (A) and added (B).
S.C. Code Ann. § 25-11-330 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-330
SECTION 25-11-330. Intent of article; types of payments.
Status: in_force

(A) The intent of this article is to provide an opportunity on standard individual income tax forms to allow individual taxpayers and other donors to contribute to the South Carolina Military Family Relief Fund, and to provide the department the authority to award grants from the fund to families of South Carolina National Guard members or other Reserve component members, to include the Army Reserve, Marine Corps Reserve, Naval Reserve, Air Force Reserve, and Coast Guard Reserve, and including National Guard members of other states, who are South Carolina residents and were called to active military service as a result of the September 11, 2001, terrorist attacks. (B) The grants must be in the form of three types of payments: (1) payments based on the need of the member or the member's family as determined eligible under Section 25-11-340; (2) payments based on the member's status as a member of the South Carolina National Guard or other Reserve component, made to the member or the member's family as determined eligible under Section 25-11-350; (3) payments to the member's next of kin as determined eligible under Section 25-11-360. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, inserted the (A) and (B) identifiers; and in (A), substituted "department" for "division".
S.C. Code Ann. § 25-1-2500 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2500
SECTION 25-1-2500. Punishment prohibited before trial.
Status: in_force

Subject to SECTION 25-1-2795, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to ensure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
S.C. Code Ann. § 25-1-450 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-450
SECTION 25-1-450. Duties of state, county, and municipal governments for mutual assistance in emergencies.
Status: in_force

State, county, and municipal governments shall cooperate in developing and maintaining a plan for mutual assistance in emergencies. (1) State government shall be responsible for: (a) Establishing policies and developing a plan and procedures to insure maximum utilization of all state resources to minimize loss of life and injury to the populace and destruction or damage to resources and facilities of the State during emergencies resulting from enemy attacks or natural or man-made emergencies. (b) Providing state forces and resources to support local governmental emergency operations and coordinating support with local governments from other sources, including the federal government and those unaffected counties of the State, and implement mutual assistance agreements with adjoining states. (c) Assuming direction and control of area or local government emergency operations when requested by the county legislative delegation or their designees or when local government authority has broken down or is nonexistent or when the nature or magnitude of an emergency is such that effective response and recovery action is beyond local government's capability or when, in the event of a war emergency or declared natural or man-made emergency, state direction is required for implementation of a national plan. (2) County and municipal governments shall be responsible for: (a) Organizing, planning, and otherwise preparing for prompt, effective employment of available resources of the county or municipality to support emergency operations of the municipalities of the county or to conduct emergency operations in areas where no municipal capability exists. (b) Coordinating support to municipal emergency operations from other sources including state and federal assistance as well as support made available from other municipalities of the county. (c) Developing and implementing a shelter/relocation plan to protect the populace from the hazards of a nuclear emergency and to provide for the congregate housing and care of persons displaced or rendered homeless as a result of a natural or man-made emergency. Effect of Amendment The 2008 amendment reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-3135 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3135
SECTION 25-1-3135. Trial by court-martial does not bar trial in State courts.
Status: in_force

Trial by court-martial of an accused does not act as a bar to indictment, trial, and punishment by the courts of general sessions for violation of any of the criminal laws of the State of South Carolina which the accused may have committed.
S.C. Code Ann. § 25-1-3000 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3000
SECTION 25-1-3000. False official statements.
Status: in_force

Any person subject to this code who with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, may be punished as a court-martial may direct.
S.C. Code Ann. § 25-13-10 — SC Code / Title 25 / Chapter 13 / Section 25-13-10
SECTION 25-13-10. Honor roll.
Status: in_force

There is hereby created an honor roll of former Confederate soldiers, sailors and others who, in the Confederate States Army or Navy or in the State militia performed actual services in the Confederate States Army or Navy, who did not desert the services of this State or the Confederate States and who were residents of this State and of the widows of former soldiers, sailors and others who have attained the age of forty-five years, were married prior to December 31, 1920 or at least ten years prior to the death of such soldiers, sailors or other such persons to whom they were married and who are residents of this State.
S.C. Code Ann. § 25-1-2895 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2895
SECTION 25-1-2895. Attempts.
Status: in_force

An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. Any person subject to this code who attempts to commit any offense punishable by the code must be punished as a court-martial may direct, unless otherwise specifically prescribed.
S.C. Code Ann. § 25-13-130 — SC Code / Title 25 / Chapter 13 / Section 25-13-130
SECTION 25-13-130. Records shall be turned over to Comptroller General.
Status: in_force

All records in regard to pensioners shall be immediately turned over to the Comptroller General of the State by those who come into control or possession thereof.
S.C. Code Ann. § 25-12-60 — SC Code / Title 25 / Chapter 12 / Section 25-12-60
SECTION 25-12-60. Liability for costs or damages.
Status: in_force

The veterans' service organization, coroner, funeral home, funeral establishment, mortuary, and any manager of them, upon disposing of cremated remains in accordance with the provisions of this chapter, must be held harmless for any costs or damages, except if there is gross negligence or wilful misconduct, and is discharged from any legal obligation or liability concerning the cremated remains. Effect of Amendment 2014 Act No. 160, SECTION 1, inserted "coroner,".
S.C. Code Ann. § 25-1-110 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-110
SECTION 25-1-110. Burial flags; application forms; eligibility.
Status: in_force

(1) The State Adjutant General's office shall present to the family of each deceased member of the South Carolina National Guard a flag of the State of South Carolina, appropriate for use as a burial flag, upon application of a member of the family of the deceased guardsman. The Adjutant General shall prepare and furnish necessary application forms to the senior full-time employee in each armory of the State. Such application forms shall require such information as the Adjutant General deems necessary to determine the eligibility of the deceased for the flag provided for in this section. (2) The provisions of this section shall apply to any individual who has served at least one year in the South Carolina National Guard, and who at the time of death was either an active, honorably discharged or retired member thereof. (3) The Adjutant General shall promulgate necessary rules and regulations to implement the provisions of this section. Flags must be obtained from the United States when available, but if not so granted they must be purchased by the office of the Adjutant General from funds appropriated to that office.
S.C. Code Ann. § 25-13-30 — SC Code / Title 25 / Chapter 13 / Section 25-13-30
SECTION 25-13-30. Duties of county boards of honor; compensation.
Status: in_force

Such county boards shall report to the Comptroller General of the State between January first and January fifteenth of each year a complete list of all bona fide pensioners for that year, such list to contain the names and addresses of pensioners and the names of their deceased husbands. The decision of the county board of honor in granting or refusing enrollment shall be final. The members of the county board of honor shall be paid two dollars per day for not more than five days in each year and be reimbursed for all necessary and proper postage and advertising, and ten cents per mile for each mile actually traveled in the discharge of their duties.
S.C. Code Ann. § 25-1-2620 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2620
SECTION 25-1-2620. Detail and designation of military judge; qualifications.
Status: in_force

(1) The authority convening a general court-martial or a special court-martial shall detail a military judge to the court-martial. A military judge shall preside over each open session of the court-martial to which he has been detailed. The authority convening a summary court-martial may detail either a military judge, a judge advocate, or an officer to serve as the hearing officer or a panel of three officers. (2) A military judge must be a commissioned officer of the military forces who is a member of the South Carolina bar or a member of the bar of a federal court, and who is certified to be qualified for such duty by a state judge advocate. (3) The military judge of a general or special court-martial must be designated by the adjutant general or his designee, for detail by the convening authority, and, unless the court-martial was convened by the Governor, neither the convening authority nor any member of his staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. (4) No person is eligible to act as a military judge in a case, if he is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case. (5) The military judge of a court-martial may not consult with the members of the court about the court-martial except in the presence of the accused, trial counsel, and defense counsel; nor may he vote with members of the court. Effect of Amendment 2024 Act No. 145, SECTION 10, rewrote (1).
S.C. Code Ann. § 25-3-110 — SC Code / Title 25 / Chapter 3 / Section 25-3-110
SECTION 25-3-110. Equipment and property for use of force.
Status: in_force

For the use of such force the Governor may requisition from the Secretary of the Army such arms and equipment as may be in possession of, and can be spared by, the Department of the Army and may make available to such force the facilities of State armories and their equipment and such other State premises and property as may be available.
S.C. Code Ann. § 25-1-2440 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2440
SECTION 25-1-2440. Discharged person as subject to court-martial.
Status: in_force

Subject to SECTION 25-1-2725, no person charged with having committed, while in a status as a member of the state military forces in which he was subject to this code, an offense in violation of this code may be relieved of amenability to trial by court-martial by reason of discharge or other termination of that status. Each person discharged from the state military forces who is later charged with having fraudulently obtained his discharge is, subject to SECTION 25-1-2725, subject to trial by court-martial on that charge and is after apprehension subject to the code while in the custody of the military for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under the code committed before the fraudulent discharge. No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
S.C. Code Ann. § 25-13-120 — SC Code / Title 25 / Chapter 13 / Section 25-13-120
SECTION 25-13-120. Expenses of administration.
Status: in_force

The necessary expenses of administering the provisions of this chapter shall be paid out of the amount appropriated for pensions.
S.C. Code Ann. § 25-1-2420 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2420
SECTION 25-1-2420. Definitions, generally.
Status: in_force

As used in the Code of Military Justice: 1. "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused; 2. "Adjutant general" means the officer defined in SECTION 25-1-10; 3. "Commander" includes commissioned officers and warrant officers exercising command authority; 4. "Duty status" means duty in the state military forces under an order issued by authority of law, and includes travel to and from duty; 5. "Enlisted member" means a person in an enlisted grade; 6. "Grade" means a step or degree, in a graduated scale of military rank, that is established and designated as a grade by law or regulation; 7. "Legal officer" and "judge advocate" means any commissioned officer of the state military forces designated to perform legal duties for a command; 8. "Military court" means a court-martial or a court of inquiry; 9. "Military forces" means the National Guard of the State, as defined in Section 25-1-10, persons attached or assigned to state units, the state guard, and any other person ordered to serve or train as a member of the state's militia under the laws of this State; 10. "Military judge" means an official of a general or special court-martial detailed in accordance with SECTION 25-1-2620; 11. "Oath"includes affirmation; 12. "Rank" means the order of precedence among members of the military forces; 13. "State judge advocate" means the federally recognized National Guard judge advocate responsible for supervising the administration of military justice in the military forces; 14. "Superior commissioned officer" means a commissioned officer superior in rank or command. 15. "Officer" means commissioned officers and warrant officers unless otherwise specified. Effect of Amendment The 2011 amendment, in the definition of "State judge advocate", substituted "federally recognized National Guard judge advocate" for "commissioned officer". 2024 Act No. 145, SECTION 3, rewrote 9.
S.C. Code Ann. § 25-1-4070 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4070
SECTION 25-1-4070. Civil actions; remedies; penalties.
Status: in_force

(A) A servicemember, the dependent of a servicemember, or the South Carolina Attorney General may bring a civil action against a person who intentionally violates a provision of this article. (B) The court may order one or more of the following remedies: (1) injunction; or (2) payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember, unless the servicemember has successfully recovered the amount in a separate action under the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq. (C) In the event of an intentional violation of this article, the court may assess a civil penalty not to exceed five thousand dollars per violation. Fifty percent of the proceeds of civil penalties imposed pursuant to this section must be remitted to the general fund of the State, and the remaining fifty percent may be retained by the Office of the Attorney General and carried forward to succeeding fiscal years to support enforcement or public education efforts directly related to the purpose of this article. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-1-2870 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2870
SECTION 25-1-2870. Restoration of rights, privileges, and property.
Status: in_force

Under such regulations as the Governor or the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, must be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing.
S.C. Code Ann. § 25-11-390 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-390
SECTION 25-11-390. Active duty injury or death grant conditions and restrictions.
Status: in_force

(A) All grants pursuant to Section 25-11-360 must be a flat rate of one thousand dollars unless the number of requests and fund balance necessitate a lesser amount as determined by the department. (B) South Carolina National Guard or Reserve component members or next of kin may receive a grant only one time for each active duty order. (C) All grants must be paid directly to the applicant. Payments must not be made directly to creditors. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), substituted "department" for "division" at the end.
S.C. Code Ann. § 25-1-2270 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2270
SECTION 25-1-2270. Completion of missed exams and assignments due to military service.
Status: in_force

Upon notice from a student required to attend or participate in military service, duty, training, or disaster relief efforts, an institution of higher education which receives state funding, either directly or indirectly, including but not limited to state scholarships or grants, shall excuse the student from attending classes or engaging in other mandatory activities, including tests or examinations, in order for the student to fulfill his military obligations and associated military travel requirements. A student whose absence is excused pursuant to this section may not be penalized for his absence and must be allowed to complete all missed assignments or take missed tests or examinations within a reasonable time of his return from the military service, duty, training, or disaster relief efforts. Each of these institutions of higher education shall determine what constitutes a reasonable time to make up the assignments, tests, or examinations missed by reason of military service on a case by case basis, taking into account the individual student's schedule and academic responsibilities. The provisions of this section must be liberally construed and shall apply in the same manner and without distinction to a student's status as a member of the active component, reserve component, or National Guard.
S.C. Code Ann. § 25-9-410 — SC Code / Title 25 / Chapter 9 / Article 5 / Section 25-9-410
SECTION 25-9-410. Short title.
Status: in_force

This article may be cited as the "Emergency Management Assistance Compact". Effect of Amendment The 2008 amendment substituted "Emergency Management Assistance Compact" for "Southern Regional Emergency Management Compact".
S.C. Code Ann. § 25-1-2910 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2910
SECTION 25-1-2910. Fraudulent enlistment, appointment, or separation.
Status: in_force

A person may be punished as a court-martial may direct who: (1) procures his own enlistment or appointment in the military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances for the enlistment or appointment; or (2) procures his own separation from the military forces by knowingly false representation, wilful misconduct, or deliberate concealment as to a fact or status for that separation. Effect of Amendment The 2011 amendment, in the introductory paragraph, substituted "A" for "Any"; and in subsection (2), inserted ", wilful misconduct," and substituted "a fact or status" for "his eligibility".
S.C. Code Ann. § 25-1-1920 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1920
SECTION 25-1-1920. Penalty for false certificate by physician.
Status: in_force

Whenever any physician shall knowingly make and deliver a false certificate of physical disability concerning any member of the National Guard or militia who shall have been ordered out or summoned for active service, such physician shall thereby forfeit forever his license and right to practice in this State and shall be guilty of perjury.
S.C. Code Ann. § 25-1-2660 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2660
SECTION 25-1-2660. Signature of accused on charges and specifications; oath; informing accused of charges.
Status: in_force

Charges and specifications must be signed by a person subject to the Code of Military Justice under oath before a person authorized by the code to administer oaths and shall state: (1) that the signer has personal knowledge of, or has investigated, the matters set forth therein; (2) that they are true in fact to the best of his knowledge and belief. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made of the charges in the interest of justice and discipline, and the person accused must be informed of the charges against him as soon as practicable.
S.C. Code Ann. § 25-1-2640 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2640
SECTION 25-1-2640. Recording of proceedings; interpreters.
Status: in_force

Under regulations the Adjutant General may prescribe, the convening authority of a general or special court-martial or court of inquiry shall assign or hire qualified individuals, who shall record electronically the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court. Effect of Amendment The 2011 amendment, in the first sentence, inserted "or hire", and made other nonsubstantive changes.
S.C. Code Ann. § 25-1-1380 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1380
SECTION 25-1-1380. Transportation and subsistence of militia on State duty.
Status: in_force

There shall be provided by the State transportation for all officers and transportation and subsistence for all enlisted men who shall be lawfully ordered to State duty. Necessary transportation, quartermaster's stores and subsistence for troops when ordered on duty shall be contracted for by the proper officers and paid for as other military bills.
S.C. Code Ann. § 25-1-640 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-640
SECTION 25-1-640. Date of rank of certain former military officers.
Status: in_force

Notwithstanding any other provision of law, former Regular and Reserve officers in any component of the Armed Forces appointed and commissioned in the South Carolina Army National Guard and former Regular and Reserve officers in any component of the Armed Forces appointed and commissioned in the South Carolina Air National Guard in the rank of captain, or first and second lieutenant shall be given a date of rank commensurate with their Regular or Reserve officer date of rank.
S.C. Code Ann. § 25-1-420 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-420
SECTION 25-1-420. South Carolina Emergency Management Division of Office of Adjutant General; administration; duties.
Status: in_force

There is established within the office of the Adjutant General the South Carolina Emergency Management Division. The division must be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General. The division is responsible for the implementation of the following: (a) coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan; (b) conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan; (c) establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force; (d) establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information; and (e) establishing an incident management system incorporating the principles of the National Incident Management System (NIMS) that provides for mitigation, preparedness, response to, and recovery from all man-made and natural hazards. Effect of Amendment The 2008 amendment added item (e) and made nonsubstantive changes.
S.C. Code Ann. § 25-11-400 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-400
SECTION 25-11-400. Procedures governing acceptance, payment, and denial of applications.
Status: in_force

(A) The procedures governing the acceptance of applications are as follows: (1) To receive consideration for a grant, applicants must request and submit an application provided by the department. (2) All necessary documentation must be included with the application unless otherwise provided pursuant to DEERS and the applicant shall authorize access to DEERS for purposes of verification. (3) Applications may be submitted via facsimile but the original documentation must be submitted before any grant payments are authorized. (4) Incomplete applications must be returned to the applicant. (5) The department, upon receipt of a complete original application, shall verify required information under DEERS and then shall process the information for payment. The application must be processed in an expeditious manner. (B) The procedure governing payments are as follows: (1) Payment must be made to the applicant who has met all eligibility requirements. (2) The timeliness of payment is determined by the amount of funds available at the time of application. (3) If adequate funds are not available, the application must be held in a queue until funds are available. (4) Applications for casualty-based grants take precedence over all others. (C) The procedures governing denials of applications are as follows: (1) Grant applications from those not meeting eligibility requirements must be denied. (2) A letter explaining the denial, as well as providing additional sources of available relief, must be sent to the applicant within thirty days after receipt of the application. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), in (1), substituted "department" for "division", and in (5), substituted "The department" for "The division".
S.C. Code Ann. § 25-1-850 — SC Code / Title 25 / Chapter 1 / Article 7 / Section 25-1-850
SECTION 25-1-850. Transfer of officers within Army National Guard.
Status: in_force

Authority shall be given the Adjutant General to make transfers of officers within the South Carolina Army National Guard. These transfers must be in the best interest of the South Carolina Army National Guard.
S.C. Code Ann. § 25-1-2900 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2900
SECTION 25-1-2900. Conspiracy.
Status: in_force

Any person subject to this code who conspires with any other person to commit an offense under the code may, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2705 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2705
SECTION 25-1-2705. Sessions.
Status: in_force

At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to SECTION 25-1-2685, call the court into session without the presence of the members for the purpose of: (1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; (2) hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court; (3) unless prohibited by regulations of the Governor, holding the arraignment and receiving the pleas of the accused; (4) performing any other procedural function which may be performed by the military judge under this code under rules prescribed pursuant to SECTION 25-1-2690 and which does not require the presence of the members of the court. These proceedings must be conducted in the presence of the accused, the defense counsel, and the trial counsel and must be made a part of the record. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, must be made a part of the record and must be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
S.C. Code Ann. § 25-1-2770 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2770
SECTION 25-1-2770. Number of votes required.
Status: in_force

No person may be convicted of an offense, except as provided in SECTION 25-1-2735 or by the concurrence of two-thirds of the members present at the time the vote is taken. All other questions to be decided by the members of a general or special court-martial must be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
S.C. Code Ann. § 25-9-600 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-600
SECTION 25-9-600. Employee status of special law enforcement officer; office holding; certification; bond.
Status: in_force

(A) A special law enforcement officer serving pursuant to this article remains the employee of his home agency and does not become an employee of the State of South Carolina, or an agency or political subdivision of this State. (B) Special law enforcement officers do not hold office in South Carolina. (C) Notwithstanding another provision of law, a special law enforcement officer is not subject to certification requirements for law enforcement personnel set forth in South Carolina law, and a special law enforcement officer is not required to post a bond.
S.C. Code Ann. § 25-21-10 — SC Code / Title 25 / Chapter 21 / Section 25-21-10
SECTION 25-21-10. Establishment of Veterans' Trust Fund; purpose and governance.
Status: in_force

There is established the Veterans' Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be dedicated to serving the needs of South Carolina's veterans by supporting programs, both public and private, for veterans. The Veterans' Trust Fund may support veteran service programs by direct funding or through donation of property or services. The Veterans' Trust Fund may supplement and augment, but shall not take the place of, services provided by state agencies. The board of trustees for the Veterans' Trust Fund shall carry out activities necessary to administer the fund including, but not limited to, assessing service needs and gaps, soliciting proposals to address identified needs, fundraising and related expenses, and establishing criteria for awarding of grants. Effect of Amendment 2024 Act No. 151, SECTION 1, in the second undesignated paragraph, inserted "fundraising and related expenses,".
S.C. Code Ann. § 25-1-2965 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2965
SECTION 25-1-2965. Resisting arrest, and escape.
Status: in_force

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2830 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2830
SECTION 25-1-2830. Rehearings.
Status: in_force

If the convening authority disapproves the findings and sentence of a court-martial, he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
S.C. Code Ann. § 25-1-2745 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2745
SECTION 25-1-2745. Refusal to appear or testify.
Status: in_force

Any person not subject to the Code of Military Justice is guilty of an offense against the State if: (1) he has been duly subpoenaed in accordance with the laws of this State to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court; (2) wilfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce. Any person who commits an offense named in this section must be tried in a circuit court of this State, and jurisdiction is conferred upon that court for that purpose. Upon conviction, such a person must be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both. The attorney general or his designated representative shall, upon the certification of the facts to him by the military court, prosecute any person violating this section.
S.C. Code Ann. § 25-1-2550 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2550
SECTION 25-1-2550. Jurisdiction of general courts-martial.
Status: in_force

Subject to Section 25-1-2540, general courts-martial have jurisdiction to try persons subject to this code for an offense made punishable by the code. Under limitations the Governor may prescribe, or further limitations the Adjutant General may prescribe, a general court-martial may order any of the following: (1) dismissal, or dishonorable or bad-conduct discharge; (2) confinement of not more than ten years; (3) a fine of not more than forty days' pay; (4) reduction of enlisted personnel to the lowest pay grade; (5) a reprimand; (6) any combination of these punishments. Effect of Amendment The 2011 amendment rewrote the section. 2024 Act No. 145, SECTION 7, in (2), substituted "ten years" for "twelve months", deleted (5), which related to forfeiture of pay and allowances not to exceed forty days' pay, and redesignated former (6) and (7) as (5) and (6).
S.C. Code Ann. § 25-1-2955 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2955
SECTION 25-1-2955. Cruelty and maltreatment.
Status: in_force

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders may be punished as a court-martial may direct.
S.C. Code Ann. § 25-7-30 — SC Code / Title 25 / Chapter 7 / Section 25-7-30
SECTION 25-7-30. Giving information respecting national or state defense to foreign contacts.
Status: in_force

Whoever, with intent or reason to believe that it is to be used to the injury of the United States or this State or to the advantage of a foreign nation, communicates, delivers or transmits or attempts or aids or induces another to communicate, deliver or transmit (a) to any foreign government, (b) or to any faction, party or military or naval force within a foreign country, whether recognized or unrecognized by the United States or (c) to any representative, officer, agent, employer, subject or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, model, note, instrument, appliance, map or information relating to the national or state defense shall be punished by imprisonment for not more than twenty years and when such violation hereof shall occur in time of war by death or by imprisonment for not more than thirty years.
S.C. Code Ann. § 25-1-3030 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3030
SECTION 25-1-3030. Riot or breach of peace.
Status: in_force

Any person subject to this code who causes or participates in any riot or breach of the peace may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-4040 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4040
SECTION 25-1-4040. Rights, benefits, and protections apply to servicemembers engaged in military service; exceptions; violations.
Status: in_force

The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq., apply to a servicemember engaged in military service. However, in the case of a servicemember engaged in military service pursuant to Section 25-1-4030(2)(c)(ii) or (d), a person is not subject to the remedies or penalties of this article unless the servicemember gives to the person a written or electronic copy of the order to military service. A violation of the federal Servicemembers Civil Relief Act, as expanded by this section, is a violation of this article. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-1-1370 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1370
SECTION 25-1-1370. Allowances for maintenance.
Status: in_force

Facilities owned, leased, or under the control of the military department may be rented periodically. The Adjutant General shall promulgate regulations for a rental program and audit these funds. Effect of Amendment The 2011 amendment, in subsection (B), in the first sentence, substituted "The" for "Such", deleted "minor" preceding "revenue sources", substituted "must be deposited" for "may be deposited", and substituted "state accounts for operations and maintenance of the Military Department" for "unit maintenance funds"; and in subsection (B), the second sentence, substituted "these funds" for "such funds". 2025 Act No. 55, SECTION 4, deleted (a), relating to maintenance funds; deleted the designation for (b); and deleted the second sentence of (b) [now undesignated], relating to deposits of rental income.
S.C. Code Ann. § 25-19-40 — SC Code / Title 25 / Chapter 19 / Section 25-19-40
SECTION 25-19-40. Functions of commission.
Status: in_force

The functions of the commission include the following: (1) develop and maintain an up-to-date listing of all former prisoners of war residing in South Carolina; (2) coordinate all South Carolina related former prisoner of war functions; (3) review, discuss, and make recommendations concerning the adequacy, policies, and practices of medical services care and treatment at the Veterans Administration facilities in South Carolina; (4) review, discuss, and make recommendations concerning the policies and practices in regard to disability compensation for former prisoners of war under laws administered by the Veterans Administration; (5) coordinate the deficiencies and recommendations for improvement of items (3) and (4) with officials of the designated Veterans Administration facilities; (6) plan and implement studies, surveys, publications, and use of media that inform former prisoners of war of their rights and forms of compensation, both under federal and state laws and regulations; (7) develop and maintain close liaison in all foregoing functions with the South Carolina Department and chapters of the American Ex-Prisoners of War and all other veteran organizations.
S.C. Code Ann. § 25-13-50 — SC Code / Title 25 / Chapter 13 / Section 25-13-50
SECTION 25-13-50. Applications.
Status: in_force

All applications for enrollment on the honor roll from year to year shall be made to the board of honor in the county in which the applicant resides.
S.C. Code Ann. § 25-1-620 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-620
SECTION 25-1-620. Circumstances prohibiting resignation or discharge.
Status: in_force

No officer shall be discharged or his resignation accepted while under arrest or against whom military charges have been preferred or until he shall have turned over to his successor or satisfactorily accounted for all State and Federal moneys and military property for which he shall be accountable or responsible.
S.C. Code Ann. § 25-3-150 — SC Code / Title 25 / Chapter 3 / Section 25-3-150
SECTION 25-3-150. Service out of State.
Status: in_force

The South Carolina State Guard shall not be required to serve outside the boundaries of this State except as herein otherwise expressly provided.
S.C. Code Ann. § 25-1-460 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-460
SECTION 25-1-460. Loans for emergency and recovery operations.
Status: in_force

When the General Assembly is not in session and emergency funds are required by counties or municipalities, the State Fiscal Accountability Authority may authorize loans for emergency and recovery operations to counties and municipalities not to exceed one and one-half million dollars to any single county or municipality from the reserve fund of the state treasury paid from that fund from any monies in that fund not appropriated for other purposes. Any monies so used must be drawn from the fund on warrants of the board repayable by the borrowing county or municipality and secured by the full faith and credit of the county or municipality involved. These loans may be made only when damage or destruction results from a disaster declared as a state of emergency by the Governor. The board also may reimburse state agencies for unbudgeted expenditures or expenditures otherwise unreimbursed by the federal government for emergency expenditures resulting from their participation in the disaster based on their assigned responsibilities promulgated in the South Carolina Comprehensive Emergency Preparedness Plan. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Effect of Amendment The 2008 amendment reenacted the section with no apparent change.
S.C. Code Ann. § 25-21-40 — SC Code / Title 25 / Chapter 21 / Section 25-21-40
SECTION 25-21-40. Availability of funds for disbursement from Veterans' Trust Fund.
Status: in_force

Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year is available for disbursement upon authorization of the Board of Trustees for the Veterans' Trust Fund. When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the Board of Trustees for the Veterans' Trust Fund.
S.C. Code Ann. § 25-1-2957 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2957
SECTION 25-1-2957. Reckless endangerment.
Status: in_force

A person subject to this code who recklessly and unlawfully engages in conduct that endangers the life or safety of another person, or who unlawfully engages in wilful, wanton, careless, reckless, or grossly negligent conduct that is likely to produce death or grievous bodily harm to another, is guilty of a violation of this section and, upon conviction, may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-1610 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1610
SECTION 25-1-1610. Acquisition of real estate for training facilities.
Status: in_force

The Adjutant General of this State may receive on behalf of the State conveyances of real property suitable for the erection of any required training facility, provided that in accepting any such conveyance on behalf of the State, the State shall incur no liability for the purchase of such real estate unless it can be absorbed by the current appropriation for the operation of the military department.
S.C. Code Ann. § 25-1-2180 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2180
SECTION 25-1-2180. Assault upon military personnel.
Status: in_force

Any person who unlawfully assaults, fires at or throws any missile at, against or upon any member or body of the National Guard or any civil officer or other person lawfully aiding them, while on active duty in the State or aiding in the enforcement of the laws under proper authority, shall be guilty of a misdemeanor and on conviction shall be liable to imprisonment in the State Penitentiary for a period of not more than two years in the discretion of the court.
S.C. Code Ann. § 25-1-2695 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2695
SECTION 25-1-2695. Unlawfully influencing action of court.
Status: in_force

(1) No authority convening a general, special, or summary court-martial nor any other commander or officer serving on the staff of the court-martial may censure, reprimand, or admonish the court or any member, military judge, or counsel with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by an unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of this subsection do not apply with respect to: (A) general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; (B) statements and instructions given in open court by the military judge, president of a special court-martial, or counsel. (2) In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the military forces, or in determining whether a member of the military forces should be retained on active duty, no person subject to the Code of Military Justice may, in preparing any such report: (A) consider or evaluate the performance of duty of the member as a member of a court-martial; (B) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which the member, as counsel, represented any accused before a court-martial.
S.C. Code Ann. § 25-1-2450 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2450
SECTION 25-1-2450. Appointment of state judge advocate.
Status: in_force

(A) The Adjutant General shall appoint an officer of the military forces as state judge advocate. To be eligible for appointment, an officer must be a member of the South Carolina Bar and federally recognized as a judge advocate. The state judge advocate shall hold a military grade and rank as designated by the Adjutant General. Absent separate appointment, the senior judge advocate of the National Guard is the state judge advocate. (B) The Adjutant General shall appoint judge advocates and legal officers who shall serve under the supervision of the state judge advocate. (C) To be eligible for appointment, judge advocates or legal officers must be members of the South Carolina Bar. (D) The state judge advocate or his assistants shall make frequent inspections in the field of supervision of the administration of military justice. (E) Convening authorities at all times shall communicate directly with the state judge advocate or with judge advocates within their command in matters relating to the administration of military justice. (F) A person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in a case may not act later as staff judge advocate or legal officer to a reviewing authority upon the same case. Effect of Amendment The 2011 amendment, redesignated subsections 1 to 5 and the last undesignated paragraph as subsections (A) to (F); in subsection (A), in the first sentence, inserted "and federally recognized as a judge advocate"; in subsection (E), substituted "at all times shall" for "shall at all times"; and in subsection (F), substituted "A person" for "No person", "officer in a case may not act later" for "officer in any case may later act", and "a reviewing" for "any reviewing".
S.C. Code Ann. § 25-19-50 — SC Code / Title 25 / Chapter 19 / Section 25-19-50
SECTION 25-19-50. Annual report of commission.
Status: in_force

The commission annually shall submit a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D. C., detailing its policies and goals established pursuant to Sections 25-19-10 et seq., its efforts and actions in carrying out its functions, and their results. It shall make special reports it considers desirable. The commission may make suggestions it considers advisable concerning legislative, executive, or administrative actions which would serve to improve benefits and services available to former prisoners of war and their families.
S.C. Code Ann. § 25-1-3060 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3060
SECTION 25-1-3060. Frauds against United States or the State or any officer of it.
Status: in_force

Any person, subject to this code must, upon conviction of the following, be punished as a court-martial may direct, if he: (1) knowing it to be false or fraudulent: (A) makes any claim against the United States, the State, or any officer of them; (B) presents to any person in the civil or military service thereof, for approval or payment any claim against the State or any officer of it; (2) for the purpose of obtaining the approval, allowance, or payment of any claim against the State or any officer of it: (A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged and counterfeited; (3) having charge, possession, custody, or control of any money or other property of the State furnished or intended for the military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; (4) being authorized to make or deliver any paper certifying the receipt of any property of the State furnished or intended for the military forces, makes or delivers to any person the writings without having full knowledge of the truth of the statements contained in it and with intent to defraud the State.
S.C. Code Ann. § 25-1-2340 — SC Code / Title 25 / Chapter 1 / Article 18 / Section 25-1-2340
SECTION 25-1-2340. Provisions of article applicable to members of South Carolina State Guard.
Status: in_force

The provisions of SECTIONS 25-1-2310 through 25-1-2330, providing reemployment rights to members of the South Carolina National Guard shall also apply to members of the South Carolina State Guard who, at the direction of the Governor or by his authority, enter state duty and are honorably released from that duty.
S.C. Code Ann. § 25-7-60 — SC Code / Title 25 / Chapter 7 / Section 25-7-60
SECTION 25-7-60. Conspiracy.
Status: in_force

If two or more persons conspire to violate the provisions of SECTIONS 25-7-30, 25-7-40 or 25-7-50 and one or more of such persons does any act to effect the object of the conspiracy each of the parties to such conspiracy shall be punished as in said sections provided in case of the doing of the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offenses under any of the provisions of this chapter other than SECTION 25-7-70 shall be punished by a fine of not more than ten thousand dollars or imprisonment for not more than two years, or both.
S.C. Code Ann. § 25-21-50 — SC Code / Title 25 / Chapter 21 / Section 25-21-50
SECTION 25-21-50. Funds from contributions required to be deposited in Veterans' Trust Fund.
Status: in_force

Funds from the receipt of contributions pursuant to Section 12-6-5070 must be deposited in the Veterans' Trust Fund for disbursement pursuant to the terms of this chapter.
S.C. Code Ann. § 25-1-3010 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3010
SECTION 25-1-3010. Waste, spoilage, or destruction of property other than military property.
Status: in_force

Any person subject to this code who wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages any property other than military property of the State may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-3035 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3035
SECTION 25-1-3035. Provoking or reproachful words or gestures.
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to the code may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2950 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2950
SECTION 25-1-2950. Failure to obey order, statute, or regulation; derelict in performance of duty.
Status: in_force

Any person, subject to the code, may be punished as a court-martial may direct, if he: (1) violates or fails to obey any lawful general order, statute, or regulation; (2) having knowledge of any other lawful order issued by a member of the military forces which it is his duty to obey, fails to obey the order; (3) is derelict in the performance of his duties.
S.C. Code Ann. § 25-12-80 — SC Code / Title 25 / Chapter 12 / Section 25-12-80
SECTION 25-12-80. Records.
Status: in_force

A coroner or a manager of a funeral home, funeral establishment, or mortuary shall establish and maintain a record identifying the veterans' service organization receiving the cremated remains. Effect of Amendment 2014 Act No. 160, SECTION 1, inserted "coroner or a".
S.C. Code Ann. § 25-19-10 — SC Code / Title 25 / Chapter 19 / Section 25-19-10
SECTION 25-19-10. Prisoners of war commission; members; terms; vacancies.
Status: in_force

There is established a Prisoner of War Commission in South Carolina composed of one member from each congressional district and one member from the State at large, to be appointed by the Governor with the advice and consent of a majority of the Senate members representing the congressional district involved and a majority of the House of Representatives members representing the congressional district involved. A chairman must be elected annually by the commission from its membership. All members must be former prisoners of war. The South Carolina Department of the American Ex-Prisoners of War may submit to the Governor names and biographical data on former prisoners of war willing and able to serve. Their terms are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment removed ", except that the initial members from the first, third, and fifth congressional districts shall serve for terms of two years" and made other, nonsubstantive, changes.
S.C. Code Ann. § 25-11-730 — SC Code / Title 25 / Chapter 11 / Article 7 / Section 25-11-730
SECTION 25-11-730. South Carolina veterans' homes; admission and discharge policies; fees.
Status: in_force

(A) The Department of Veterans' Affairs shall adopt and execute criteria, policies, and procedures for admissions to and discharges from South Carolina veterans' homes. (B) The Department of Veterans' Affairs shall set and collect fees for residence in and services provided by South Carolina veterans' homes. (C) The Department of Veterans' Affairs is authorized to receive, as full or partial payment of any fees charged by a South Carolina veteran home, the assignment of any state or federal benefit.
S.C. Code Ann. § 25-1-60 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-60
SECTION 25-1-60. Composition and classes of militia.
Status: in_force

(A) The militia of this State consists of all able-bodied persons over seventeen years of age who are: (1) citizens of the United States residing within this State; (2) citizens of the United States bound by law, lawful order, or contract to serve in the militia or military forces of this State; or (3) persons who have declared their intention to become citizens of the United States and are bound by law, lawful order, or contract to serve in the militia or military forces of this State. (B) The militia is divided into three classes: (1) the National Guard; (2) the organized militia not in National Guard service; and (3) the unorganized militia. Effect of Amendment The 2011 amendment inserted the subsection and paragraph identifiers in the text; and in subsection (B)(2), inserted "not in National Guard service".
S.C. Code Ann. § 25-1-3150 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3150
SECTION 25-1-3150. Costs and expenses of courts-martial and courts of inquiry.
Status: in_force

All costs and expenses involved in the proceedings of courts-martial and courts of inquiry must be paid by the adjutant general out of the appropriate military funds of this State.
S.C. Code Ann. § 25-1-2945 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2945
SECTION 25-1-2945. Insubordinate conduct toward officer or noncommissioned officer.
Status: in_force

Any officer or enlisted member may be punished as a court-martial may direct, if he treats with contempt, or is disrespectful in language or deportment toward, an officer or noncommissioned officer while that officer is in the execution of his office.
S.C. Code Ann. § 25-1-2845 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2845
SECTION 25-1-2845. Appeal.
Status: in_force

Appeal from a general court-martial or special court-martial must be taken as if the case were tried by a court of General Sessions.
S.C. Code Ann. § 25-1-3050 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3050
SECTION 25-1-3050. Assault.
Status: in_force

Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and may be punished as a court-martial may direct.
S.C. Code Ann. § 25-9-540 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-540
SECTION 25-9-540. Oath of office; record.
Status: in_force

Prior to performing law enforcement activities in the State of South Carolina, a special law enforcement officer must take and subscribe to the oath of office set forth in Section 5, Article VI of the South Carolina Constitution in the presence of either the Chief of the South Carolina Law Enforcement Division, or his designee. The Chief of the South Carolina Law Enforcement Division, or his designee, shall maintain a written record of all special law enforcement officers who take and subscribe to the oath of office required pursuant to this article.
S.C. Code Ann. § 25-3-80 — SC Code / Title 25 / Chapter 3 / Section 25-3-80
SECTION 25-3-80. Regulations governing enlistment, organization and administration.
Status: in_force

The Governor may prescribe rules and regulations consistent with the provisions of this chapter governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such force. But such rules and regulations in so far as he deems practicable and desirable shall conform to the existing law governing and pertaining to the National Guard and the rules and regulations promulgated thereunder.
S.C. Code Ann. § 25-1-2975 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2975
SECTION 25-1-2975. Unlawful detention.
Status: in_force

Any person subject to this code, who, except as provided by law or regulation, apprehends, arrests, or confines any person may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-1650 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1650
SECTION 25-1-1650. Authority to sell obsolete armories; use of proceeds.
Status: in_force

The Adjutant and Inspector General is hereby authorized to sell obsolete armories and retain such funds as realized therefrom in a special account with the State Treasurer. Funds from such special account shall be used for the construction of new armories, such construction to be under the supervision of the Adjutant and Inspector General of the State.
S.C. Code Ann. § 25-7-70 — SC Code / Title 25 / Chapter 7 / Section 25-7-70
SECTION 25-7-70. Sabotage.
Status: in_force

Any employee, employer or other person who, wilfully and with a malicious intent to hinder the preparation of the United States for defense or war, physically injures or destroys any factory, industrial establishment or public utility engaged in the production of goods, articles or equipment for military use, any machinery contained in any such factory or industrial establishment or any goods, articles or equipment produced or in the process of being produced in such factory or industrial establishment for military use but not delivered shall be guilty of sabotage. The crime of sabotage as defined in this section shall be a felony and any person convicted thereof shall be punished by imprisonment in the State's Prison for not more than ten years or a fine of not more than ten thousand dollars or both, in the discretion of the court.
S.C. Code Ann. § 25-12-90 — SC Code / Title 25 / Chapter 12 / Section 25-12-90
SECTION 25-12-90. Limitation of duty.
Status: in_force

Nothing in this chapter requires a coroner or a manager of a funeral home, funeral establishment, or mortuary to determine or seek others to determine that an individual's cremated remains are those of a veteran if the manager of a funeral home, funeral establishment, or mortuary was informed by the person in control of the remains that the individual was not a veteran, or to relinquish possession of the cremated remains to a veterans' service organization if the manager of a funeral home, funeral establishment, or mortuary was instructed by a person in control of the remains, or had a reasonable belief, that the decedent did not desire any funeral or burial related services or ceremonies recognizing the decedent's service as a veteran. Effect of Amendment 2014 Act No. 160, SECTION 1, inserted "coroner or a".
S.C. Code Ann. § 25-1-1160 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1160
SECTION 25-1-1160. Vacancy in grade of colonel or higher.
Status: in_force

Except as otherwise specifically authorized in this section, whenever a vacancy occurs in the grade of colonel or higher in the South Carolina Air National Guard, it must be filled by promoting the officer of the next lower grade in the South Carolina Air National Guard who is fully qualified for promotion and who is, in the opinion of the senior tactical Air National Guard commander, the chief of staff, headquarters, South Carolina Air National Guard, and the Adjutant General of South Carolina, considered to be best qualified to fill the vacancy notwithstanding seniority among those officers qualified to fill the vacancy.
S.C. Code Ann. § 25-13-70 — SC Code / Title 25 / Chapter 13 / Section 25-13-70
SECTION 25-13-70. Director of South Carolina Department of Archives and History shall furnish information.
Status: in_force

The Director of the South Carolina Department of Archives and History shall, when requested, give full information as to the service in the Army or Navy of any soldier, sailor or militiaman as it appears on the Confederate rolls.
S.C. Code Ann. § 25-1-2470 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2470
SECTION 25-1-2470. Arrest and confinement, defined; use of reasonable force; powers of sheriffs.
Status: in_force

For purposes of this code, "arrest" is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. An enlisted member may be ordered apprehended or into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to the Code of Military Justice or through any person authorized by this code to apprehend persons. A commander may authorize warrant officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement. A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commander to whose authority he is subject, by an order, oral or written, delivered in person, or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated. No person may be ordered apprehended or into arrest or confinement except for probable cause. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. All reasonable force necessary to accomplish arrest, apprehension, or confinement may be used. The power to restrain may be exercised prior or subsequent to court-martial or other disciplinary proceedings. The sheriffs of the various counties of this State shall carry out the orders and directives of all courts-martial, including summary court officers.
S.C. Code Ann. § 25-1-2570 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2570
SECTION 25-1-2570. Jurisdiction of summary courts-martial.
Status: in_force

1. Subject to Section 25-1-2540, summary courts-martial have jurisdiction to try persons subject to the code for an offense made punishable by the code. Under limitations the Governor or Adjutant General may prescribe, a summary court-martial consisting of a military judge, judge advocate, or an officer detailed as the hearing officer may order any of the following punishments: (1) reduction of enlisted personnel by one pay grade, provided the grade of the accused is within the promotion authority of the convening authority; (2) a fine of not more than five days' pay; (3) imprisonment not to exceed fifteen days; (4) any combination of these punishments. A person to whom summary courts-martial have jurisdiction may not be brought to trial before a military judge, judge advocate, or an officer-only summary court-martial if he objects. If objection to trial by a military judge, judge advocate, or an officer-only summary court-martial is made by an accused, trial must be ordered to proceed by panel summary court-martial as provided in subsection 2. 2. Subject to Section 25-1-2540, summary courts-martial have jurisdiction to try persons subject to the code, for an offense made punishable by the code. Under limitations the Governor or Adjutant General may prescribe, a summary court-martial consisting of a panel of three officers may order any of the following punishments: (1) reduction of enlisted personnel by one pay grade, provided the grade of the accused is within the promotion authority of the convening authority; (2) a fine of not more than ten days' pay; (3) imprisonment not to exceed thirty days; or (4) any combination of these punishments. The senior officer presiding over the summary courts-martial has the exclusive authority to determine and order the punishments under this section, subject to the review of the convening authority. No person subject to the Code of Military Justice has the right to decline a panel summary courts-martial under this code and demand trial by either a special or general court-martial. 3. A summary court-martial conviction is not considered a criminal conviction. 4. A summary court-martial conviction may be used as the basis for a future administrative separation, a bar to reenlistment, or other administrative actions. Effect of Amendment The 2011 amendment rewrote the section. 2024 Act No. 145, SECTION 9, rewrote the section.
S.C. Code Ann. § 25-13-100 — SC Code / Title 25 / Chapter 13 / Section 25-13-100
SECTION 25-13-100. Amount of pensions.
Status: in_force

All widows of Confederate veterans who have reached the age of fifty-five years shall receive annually from the pension fund the sum of one hundred and sixty dollars and all other widows of Confederate veterans who have attained the age of forty-five years shall receive the sum of one hundred twenty-five dollars; provided, in either such case, that any such widow was married prior to December 31, 1920 or for a period of at least ten years prior to the death of her veteran husband. The pensions shall be paid at such times as may be fixed by the Comptroller General.
S.C. Code Ann. § 25-1-2590 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2590
SECTION 25-1-2590. Appointment of special courts-martial.
Status: in_force

Special courts-martial must be appointed by the adjutant general and by such other commanding officers of the National Guard as may be delegated such power of appointment by the adjutant general. The power to appoint special courts-martial, when delegated, may not be redelegated and the adjutant general has the power to revoke delegated authority at any time.
S.C. Code Ann. § 25-1-3115 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3115
SECTION 25-1-3115. Request for assistance of solicitor of judicial circuit.
Status: in_force

The presidents of courts-martial and summary court officers may request the aid of the solicitor of the judicial circuit in which the court is sitting for assistance in the issuance of any writ, warrant, subpoena, or other process that is necessary. It is the duty of each solicitor, when called upon, to assist in the issuance of process, and the form must be that which is considered by the solicitor to be most appropriate to the situation and in keeping with the form of the process of the courts of general sessions.
S.C. Code Ann. § 25-1-2740 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2740
SECTION 25-1-2740. Opportunity to obtain witnesses and other evidence.
Status: in_force

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations prescribed by the Governor. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence must be similar to that which courts of the state having jurisdiction may lawfully issue, as prescribed by the laws of this State.
S.C. Code Ann. § 25-1-150 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-150
SECTION 25-1-150. Unauthorized wearing of military insignia.
Status: in_force

It is unlawful for a person to wilfully wear the badge, button, insignia, or rosette of any military order or use any badge, button, insignia, or rosette to obtain aid, assistance, or other benefit or advantage, unless he is entitled to wear or use the military badge, button, insignia, or rosette. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
S.C. Code Ann. § 25-1-130 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-130
SECTION 25-1-130. Effect of disbandment of military organization.
Status: in_force

The dissolution or disbandment of any such unit as a military organization shall not operate to terminate the existence of any such corporation but its existence shall continue for the period limited in its articles of incorporation for the benefit of such corporation. Upon the dissolution or disbandment of any such unit which shall not have incorporated and which shall at the time of such dissolution or disbandment possess any funds or property, the title to such funds or property shall immediately vest in the State and the Adjutant General shall take possession thereof and dispose of the same to the best interest of the National Guard of South Carolina.
S.C. Code Ann. § 25-1-1870 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1870
SECTION 25-1-1870. Governor may take possession of utilities.
Status: in_force

The Governor of the State when, in his judgment, the public safety may require it, may take possession of any or all utilities in the State, including communications and transportation facilities, their offices and appurtenances, their rolling stock, shops, buildings and all their appendages and appurtenances, may prescribe rules and regulations for the holding, using and maintaining of the aforesaid utilities in the manner most conducive to the interest and safety of the government and may place under military control all the officers, agents and employees of such utility or communication facility so that they shall be considered a part of the military establishment of the State, subject to all the restrictions imposed by the rules and articles of war.
S.C. Code Ann. § 25-1-2750 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2750
SECTION 25-1-2750. Contempt.
Status: in_force

A court-martial may punish for contempt any person who uses menacing words, signs, or gestures in its presence, or who disturbs its proceedings. The punishment may not exceed confinement for twenty-five days or a fine of five hundred dollars.
S.C. Code Ann. § 25-9-120 — SC Code / Title 25 / Chapter 9 / Article 3 / Section 25-9-120
SECTION 25-9-120. Immunity of persons owning property used for civil defense.
Status: in_force

No person owning or controlling property who voluntarily and without compensation permits such property to be used as a public shelter for civil defense purposes shall be civilly liable for the injury or death of any person who may be injured or killed on such premises, or for the loss of or damage to the property of any person on such premises, during any time such premises are actually being used as a public shelter.
S.C. Code Ann. § 25-1-2855 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2855
SECTION 25-1-2855. Sentence involving general officer.
Status: in_force

No sentence involving a general officer or which includes unsuspended dismissal of a commissioned officer, or a dishonorable discharge, may be executed until affirmed on appeal, provided the defendant elects to appeal. All other court-martial sentences, unless suspended or deferred, may be ordered executed by the convening authority when approved by him. The convening authority may suspend the execution of any sentence.
S.C. Code Ann. § 25-17-40 — SC Code / Title 25 / Chapter 17 / Section 25-17-40
SECTION 25-17-40. Board may accept loans, grants, donations and the like; acquisition of land or items by purchase, lease, or contract.
Status: in_force

The board may accept lands, buildings, money, relics, weapons, or any other thing of value on behalf of, or as additions to the museum either in the form of loans or grants or donations or bequests; may acquire land and items by purchase, lease, or otherwise, and may enter into contracts with any person to accomplish such purposes. Any such gifts, donations, or bequests are considered gifts to a charitable or eleemosynary organization.
S.C. Code Ann. § 25-3-120 — SC Code / Title 25 / Chapter 3 / Section 25-3-120
SECTION 25-3-120. Exemption from arrest.
Status: in_force

No officer or enlisted man of such force shall be arrested on any warrant, except for treason or felony, while going to, remaining at or returning from a place where he is ordered to attend for military duty.
S.C. Code Ann. § 25-9-10 — SC Code / Title 25 / Chapter 9 / Article 1 / Section 25-9-10
SECTION 25-9-10. Authority to enter into compact.
Status: in_force

The State of South Carolina by and through the Governor of the State may enter into a compact with any state of the Union for mutual helpfulness in meeting any civil defense emergency or disaster which may arise in this State or in a state with which South Carolina may enter into a compact.
S.C. Code Ann. § 25-1-20 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-20
SECTION 25-1-20. Acceptance of Act of Congress.
Status: in_force

The act of Congress approved June 3, 1916, entitled "An Act Making Further and More Effectual Provisions for the National Defense and for Other Purposes" and all acts presently amendatory thereto, the future amendatory acts thereof being subject to the approval of the State legislature, is hereby accepted by this State and the provisions of said act and amendments thereto are made a part of the military code so far as applicable and not in conflict with a rule or regulation established in or pursuant to this code. (Ref: Titles 32 & 10, United States Code). Effect of Amendment 2024 Act No. 145, SECTION 1, inserted "so far as applicable and not in conflict with a rule or regulation established in or pursuant to this code" at the end.
S.C. Code Ann. § 25-1-2930 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2930
SECTION 25-1-2930. Person missing movement of unit.
Status: in_force

Any person subject to this code who, through neglect or design, misses the movement of a unit with which he is required, in the course of duty, to move may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2935 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2935
SECTION 25-1-2935. Disrespect to superior officer or noncommissioned officer.
Status: in_force

Any person subject to this code who behaves with disrespect toward his superior officer or noncommissioned officer may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-160 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-160
SECTION 25-1-160. Landowners encouraged to make land and water areas available for military purposes; limited liability of owners.
Status: in_force

(A) The purpose of this section is to encourage owners of land to make land and water areas available to the military department for training and operational purposes by limiting the owners liability toward military persons entering their land and water areas for training and operational purposes. (B) For purposes of this section: (1) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. (2) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. (3) "Military purpose" includes, but is not limited to, any of the following, or any combination thereof: training, missions, operations, or support of training, missions, or operations. (4) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. (5) "Persons" means individuals regardless of age. (C) Except as specifically provided in this section, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for military purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for military purposes. (D) Except as specifically provided in this section, an owner of land who permits without charge any person having sought permission to use his property for military purposes does not thereby: (1) extend any assurance that the premises are safe for any purpose; (2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owned; (3) assume responsibility for or incur liability for any injury to person or property caused by an act of omission of any person using the property. (E) Nothing in this section limits in any way any liability which otherwise exists: (1) for grossly negligent, wilful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; (2) for injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leases to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. (F) Nothing in this chapter shall be construed to: (1) create a duty of care or ground of liability for injury to persons or property; or (2) relieve any person using the land of another for military purposes from any obligation which he may have in the absence of this chapter to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.
S.C. Code Ann. § 25-1-3140 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3140
SECTION 25-1-3140. Writ when fine has not been paid.
Status: in_force

When a fine has been assessed by a court-martial against a member of the National Guard of South Carolina and the proceedings of the court have been passed upon by the reviewing authority, and such fine is unpaid, the President, in the case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form. STATE OF SOUTH CAROLINA COUNTY OF ___________ To any sheriff or constable in the State, Greetings: Whereas, ___________ of ___________ in the county of ___________, a member of the National Guard of South Carolina, was on the ____ day of ___________, A. D., 20____, tried and found guilty of ___________ in violation of ___________ and was by court-martial sentenced to pay a fine of $___________ or serve ____ days in jail. Whereas, such fine has not been paid. Now, Therefore, by authority of the State of South Carolina, you are hereby commanded to take the body of the said ___________ and commit it to the keeper of the jail in the county of ___________ within such jail, who is hereby commanded to receive the body of said ___________ and keep him safely until he pays the sum above mentioned, or serves ____ days provided said fine due shall be reduced proportionately with the number of days served. Fail not but service and return make within thirty days from this date. Dated at ___________ in the county of ___________ this ____ day of ___________, 20____. Name___________ Rank________ Organization___________ Editor's Note This form is reprinted to correct printing errors in the main volume. Effect of Amendment 2024 Act No. 145, SECTION 17, in the first undesignated paragraph, substituted "President" for "president", and in the form, substituted "20_" for "19_" in two places.
S.C. Code Ann. § 25-1-2990 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2990
SECTION 25-1-2990. Forcing a safeguard.
Status: in_force

Any person subject to this code who forces a safeguard may be punished as a court-martial may direct.
S.C. Code Ann. § 25-3-170 — SC Code / Title 25 / Chapter 3 / Section 25-3-170
SECTION 25-3-170. Pursuit of fugitives.
Status: in_force

Any organization, unit or detachment of such force, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrections, saboteurs, enemies or enemy forces beyond the borders of this State into another state until such persons are apprehended or captured by such organization, unit or detachment or until the military or police force of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons. But such pursuit is not authorized unless such other state shall have given the authority by law for such pursuit by such force of this State. Any such persons who shall be apprehended or captured in such other state by an organization, unit or detachment of the force of this State shall without unnecessary delay be surrendered to the military or police force of the state in which they are taken or to the United States. The surrender of insurrectionists or saboteurs to the military or police force of such other state shall not constitute a waiver by this State of its rights to extradite or prosecute such insurrectionists or saboteurs for any crime committed in this State.
S.C. Code Ann. § 25-1-3040 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3040
SECTION 25-1-3040. Larceny; wrongful appropriation.
Status: in_force

Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person, any money, personal property, or article of value of any kind: (1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny; (2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation. Any person found guilty of larceny or wrongful appropriation may be punished as a court-martial may direct.
S.C. Code Ann. § 25-3-180 — SC Code / Title 25 / Chapter 3 / Section 25-3-180
SECTION 25-3-180. Pursuit of fugitives into this State by out-of-State forces.
Status: in_force

Any military force, organization, unit or detachment thereof of any other state who are fresh in pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the military or police force of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such insurrectionists, saboteurs, enemies or enemy forces and may arrest or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military of such other state while in this State shall without unnecessary delay be surrendered to the military or police force of this State or to the United States, to be dealt with according to law. This section shall not be construed to make unlawful any arrests in this State which would otherwise be lawful and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Act on the Fresh Pursuit of Criminals.
S.C. Code Ann. § 25-1-350 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-350
SECTION 25-1-350. General powers and duties of Adjutant General.
Status: in_force

The Adjutant General shall: (1) Appoint the civilian employees of his department and he may remove any of them at his discretion; (2) keep rosters of all active, reserve, and retired officers of the militia of the State, keep in his office all records and papers required to be kept and filed in his office and submit to the Governor and General Assembly each year an annual Report of the Adjutant General of the State of South Carolina that includes the operations and conditions of the National Guard of South Carolina; (3) on the first day of July of each year, make a statement of the condition of the military fund, showing the amount thereof and setting forth in detail all receipts from whatsoever source and all expenditures of whatsoever nature and the unexpended balance thereof; (4) cause the military law, the regulations of the National Guard of South Carolina and such other military publications as may be necessary for the military service to be distributed at the expense of the State to commands so that all personnel of the National Guard of South Carolina will have access to same; (5) keep records on and preserve all military property belonging to the State; (6) keep just and true accounts of all moneys received and disbursed by him; (7) attest all commissions issued to military officers of this State; (8) prepare and transmit all militia reports, returns and communications prescribed by acts of Congress or by direction of the Department of Defense; (9) have a seal; (10) make such regulations pertaining to the preparation of reports and returns and to the care and preservation of property in possession of the State for military purposes, whether belonging to the State or the United States, as in his opinion the conditions demand; (11) attend the care, preservation, safekeeping and repairing of the arms, ordnance, accoutrements, equipment and all other military property belonging to the State or issued to the State by the government of the United States for military purposes, and keep accurate accounts thereof; (12) issue such military property as the necessity of the services require and make purchase for that purpose. No military property shall be issued or loaned, except upon an emergency, to persons or organizations other than those belonging to the National Guard of South Carolina except to such portions of the unorganized militia as may be called out by the Governor; (13) keep the reports and returns of troops and all other writings and documents required to be preserved by the State military headquarters; (14) keep necessary records attesting to the service of individuals of South Carolina forces for the Spanish American War and all subsequent wars and insurrections. The Adjutant General is authorized to make a determination as to when old records have only historical value, and, therefore, transfer them to the State Archives Department for reference and preservation; (15) those records and relics not required for efficient operation of the military department may be turned over to the Archives Department for preservation; (16) with the consent of the Governor, have the discretion to order to active duty for not more than fifteen days a member of the National Guard or State Guard who consents to that order and for whose pay and allowances funds, as provided in Section 25-1-2200, are available to the Adjutant General without additional state appropriations; (17) in his discretion, authorize National Guard personnel to support and assist the National Guard Association of South Carolina and the South Carolina National Guard Foundation in their missions to promote the health, safety, education, and welfare of South Carolina National Guard personnel and their families. Effect of Amendment 2014 Act No. 289, SECTION 8, added paragraph (17), relating to support and assistance to the National Guard Association of South Carolina. 2015 Act No. 19, SECTION 1, rewrote (2).
S.C. Code Ann. § 25-1-2795 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2795
SECTION 25-1-2795. Effective date of sentences; forfeiture of pay; confinement; deferment of sentence.
Status: in_force

Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended must be excluded in computing the service of the term of confinement. All other sentences of courts-martial are effective on the date ordered executed. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the person exercising court-martial jurisdiction, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the person exercising court-martial jurisdiction. Effect of Amendment 2024 Act No. 145, SECTION 13, deleted the first undesignated paragraph, which provided that whenever a sentence of a court-martial as lawfully adjudged and approved included a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture might apply to pay or allowances becoming due on or after the date the sentence was approved by the convening authority.
S.C. Code Ann. § 25-1-2670 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2670
SECTION 25-1-2670. Investigation and inquiry of charges; recommendations; advising accused of rights; right to counsel; cross-examination of witnesses; records.
Status: in_force

No charge or specifications may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification has been made. The investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. The accused may be advised of the charges against him and of his right to be represented at that investigation by counsel. Upon his own request he may be represented by civilian counsel if provided by him at his own expense, or military detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity must be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they must be accompanied by a statement of the substance of the testimony taken on both sides and a copy must be given to the accused. If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in the second paragraph of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf. The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
S.C. Code Ann. § 25-11-710 — SC Code / Title 25 / Chapter 11 / Article 7 / Section 25-11-710
SECTION 25-11-710. South Carolina veterans homes.
Status: in_force

The Department of Veterans' Affairs, in mutual agreement with the authorities of the United States Veterans Administration, may establish and operate South Carolina veterans homes to provide treatment for South Carolina veterans who require long-term nursing care. The Department of Veterans' Affairs is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The Department of Veterans' Affairs may consult with the Department of Public Health and the Office of the Governor concerning the policies, management, and operation of the South Carolina veterans homes. Editor's Note 2023 Act No. 60, SECTION 16, provides as follows: "SECTION 16. The provisions contained in SECTION 8 of this act relating to South Carolina Veterans Homes go into effect on July 1, 2024, for the veterans homes for which the Department of Mental Health has a service contract with a third-party provider as of May 1, 2023. The provisions contained in SECTION 8 of this act relating to South Carolina Veterans Homes go into effect on July 1, 2025, for the veterans homes for which the Department of Mental Health does not have a service contract with a third-party provider as of May 1, 2023."
S.C. Code Ann. § 25-1-3085 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3085
SECTION 25-1-3085. Authority to administer oaths.
Status: in_force

The following members of the military forces may administer oaths for the purpose of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public: (1) the state judge advocate; (2) all summary courts-martial; (3) all adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) all judge advocates and legal officers, and acting or assistant judge advocates and legal officers; (5) the president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial; (6) the president and the counsel for the court of any court of inquiry; (7) all officers designated to take a deposition; (8) all persons detailed to conduct an investigation; (9) all officers; (10) all other persons designated by law or by regulations of the Governor. The signature without seal of any person, together with the title of his office, is prima facie evidence of his authority.
S.C. Code Ann. § 25-3-90 — SC Code / Title 25 / Chapter 3 / Section 25-3-90
SECTION 25-3-90. Duties of Adjutant and Inspector General.
Status: in_force

The duties of the Adjutant and Inspector General in connection with the South Carolina State Guard shall be the same as those prescribed for him by SECTION 25-1-350 with respect to the National Guard.
S.C. Code Ann. § 25-9-530 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-530
SECTION 25-9-530. Qualifications to serve as special law enforcement officer.
Status: in_force

To serve as a special law enforcement officer pursuant to this article, a person must have: (1) reached twenty-one years of age; (2) graduated from an accredited law enforcement academy or received other law enforcement training to the satisfaction of the Chief of the South Carolina Law Enforcement Division, or his designee; and (3) served a minimum of two years as a full-time law enforcement officer.
S.C. Code Ann. § 25-1-1820 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1820
SECTION 25-1-1820. Circumstances requiring active duty.
Status: in_force

The National Guard shall not be subject to active duty other than training duty, except (a) in case of war, (b) in event or danger of invasion by a foreign nation, (c) there is a rebellion or danger of rebellion against the authority of the government of the United States, (d) the President issues orders to execute the laws of the United States, (e) for preventing, repelling or suppressing invasion, insurrection or riot, (f) for aiding civil officers in the execution of the laws, in which cases the Governor or local commander as provided for in Sections 25-1-1840 to 25-1-1880 shall order out for active service, by draft or otherwise, as many of the National Guard as necessity demands, or (g) during natural disaster or local emergency whenever the lives and property of the State's citizens are threatened.
S.C. Code Ann. § 25-19-30 — SC Code / Title 25 / Chapter 19 / Section 25-19-30
SECTION 25-19-30. Meetings of commission.
Status: in_force

The commission shall meet at least two times yearly at a time and a place and on a date designated by the chairman and at other times at the call of the chairman or upon the request of a majority of the members.
S.C. Code Ann. § 25-9-560 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-560
SECTION 25-9-560. Operational control of special law enforcement officer; conflicting rules and regulations.
Status: in_force

A special law enforcement officer appointed pursuant to this article shall serve at all times at the pleasure of and under the operational control of the Chief of the South Carolina Law Enforcement Division, or his designee, and is subject to the rules and regulations established by the Chief of the South Carolina Law Enforcement Division, or his designee. In the event of a conflict between the rules and regulations established for a special law enforcement officer and the officer's home agency rules and regulations, the special law enforcement officer immediately shall notify the Chief of the South Carolina Law Enforcement Division, or his designee, and attempt to resolve the conflict.
S.C. Code Ann. § 25-1-1880 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1880
SECTION 25-1-1880. Local commanding officer may order out National Guard.
Status: in_force

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace occurring in the vicinity of the station of any organization of the National Guard of South Carolina, the senior commanding officer of that station, whenever the exigencies of the situation are such as to render it impossible first to communicate with the Governor, or Adjutant General, may, upon request in writing by the sheriff of the county involved or an officer acting in his stead stating the facts and the nature of the service desired, order out the organization at that station or such portion thereof as he shall deem necessary and cause it to perform such duty as the circumstances shall require. In any such case such commanding officer shall immediately report what he has done and all of the circumstances of the case to the Governor and it shall be deemed that the action was taken by order of the Governor.
S.C. Code Ann. § 25-1-2600 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2600
SECTION 25-1-2600. Appointment of summary courts-martial.
Status: in_force

Summary courts-martial must be appointed by the Adjutant General and by other commanding officers of the National Guard who may be delegated the power of appointment by the Adjutant General. The power to appoint summary courts-martial, when delegated by the Adjutant General, may be redelegated repeatedly from higher echelon of command to lower echelon of command which is considered best by each successive commander delegated that authority. When units without summary court-martial authority report directly to the Adjutant General, he may delegate his summary court-martial appointment authority to a staff officer who holds the rank of colonel or higher. Summary court officers have power and authority to administer oaths. Effect of Amendment The 2011 amendment inserted the third sentence and made other nonsubstantive changes.
S.C. Code Ann. § 25-1-2665 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2665
SECTION 25-1-2665. Compulsory self-incrimination prohibited; informing accused of rights; evidence; admissibility.
Status: in_force

(1) No person subject to the Code of Military Justice may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (2) No investigating officer may interrogate, or request any statement from an accused, without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. (3) No person subject to the code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. (4) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
S.C. Code Ann. § 25-1-4050 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4050
SECTION 25-1-4050. Rights and protections provided to dependents of servicemembers.
Status: in_force

A dependent of a servicemember engaged in military service has the same rights and protections provided to a servicemember pursuant to Section 25-1-4060 and Subchapter II, Chapter 50, Title 50 of the U.S.C. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-17-50 — SC Code / Title 25 / Chapter 17 / Section 25-17-50
SECTION 25-17-50. Museum to collect, preserve, and exhibit items of interest; public access.
Status: in_force

The museum must be a military and historical museum charged with the responsibility for the collection, preservation, and exhibition of archives, books, records, documents, maps, charts, military equipment, uniforms, flags, and any other such articles. It may be a depository for materials considered relevant to national, state, or local history by the board. The museum collection must be open to the public at times determined by the board.
S.C. Code Ann. § 25-1-3160 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3160
SECTION 25-1-3160. Construction of Code of Military Justice.
Status: in_force

The Code of Military Justice must be so construed as to effectuate its general purpose to make it uniform so far as practical with the Uniform Code of Military Justice, Chapter 47, Title 10, United States Code, and the Manual for Courts-Martial. However, the Uniform Code of Military Justice and any implementing regulations are not binding on the South Carolina Code of Military Justice. The Uniform Code of Military Justice and any implementing regulations only may be cited as persuasive authority when not in conflict with the South Carolina Code of Military Justice or any implementing state regulations. Moreover, the Adjutant General may establish procedures to conform state military judicial proceedings with those used in circuit courts of this State. Effect of Amendment The 2011 amendment inserted the second sentence and made other nonsubstantive changes. 2024 Act No. 145, SECTION 19, rewrote the section.
S.C. Code Ann. § 25-1-2805 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2805
SECTION 25-1-2805. Reduction in pay grade; restoration of benefits.
Status: in_force

Unless otherwise provided in regulations to be prescribed by the Governor or the Adjutant General, a special or general court-martial sentence of an enlisted member in a pay grade above E-2, as approved by the convening authority, that includes: (1) a dishonorable or bad-conduct discharge; or (2) confinement; reduces that member to pay grade E-2, effective on the date of that approval. If the sentence of a member who is reduced in pay grade under this section is disapproved or reversed, the rights and privileges of which he was deprived because of that reduction must be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced. Effect of Amendment 2024 Act No. 145, SECTION 14, in the first undesignated paragraph, inserted "or the Adjutant General" following "Governor".
S.C. Code Ann. § 25-13-150 — SC Code / Title 25 / Chapter 13 / Section 25-13-150
SECTION 25-13-150. Penalty for discounting or speculating in pension claims.
Status: in_force

Any person who shall discount, shave or in any manner speculate in the claim or application of any widow, made under the pension laws of this State, shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding thirty days or both, at the discretion of the court.
S.C. Code Ann. § 25-7-80 — SC Code / Title 25 / Chapter 7 / Section 25-7-80
SECTION 25-7-80. Concealing or harboring violator of chapter.
Status: in_force

Whoever harbors or conceals any person whom he knows or has reasonable grounds to believe or suspect has committed or is about to commit an offense under any of the provisions of this chapter other than SECTION 25-7-70 shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than two years, or both.
S.C. Code Ann. § 25-1-70 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-70
SECTION 25-1-70. Organization of the National Guard.
Status: in_force

(A) The National Guard of South Carolina shall consist of the commissioned officers, warrant officers, enlisted men, organizations, staffs, units, and departments of the regularly commissioned, warranted, and enlisted militia of the State, organized and maintained pursuant to law. (B) The Adjutant General may organize units or individuals for state recognized and organized positions. This authority extends to individuals who lack federal service or federal recognition, to the State Guard, and detachments under the authority of the Adjutant General. Effect of Amendment The 2011 amendment designated the existing text as subsection (A); and added subsection (B).