reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1045. Use or employment of person under eighteen to commit certain crimes.

(A) It is unlawful for any person at least eighteen years of age to knowingly and intentionally:
(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD;
(2) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD.
(B) Any person who violates subsections (A)(1) or (A)(2) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. Each violation of this section constitutes a separate offense.
(C) The felonies established in this section are supplemental to and do not supersede any other provisions of law which make the conduct referred to in subsection (A) unlawful.
HISTORY: 1996 Act No. 290, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1050. Failure to report, perpetrating or interfering with an investigation of abuse, neglect or exploitation of a vulnerable adult; penalties.

(A) A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years.
(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 35 of Title 43, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned not more than three years.
As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
HISTORY: 1999 Act No. 56, Section 5.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1060. Receipt of compensation for relinquishing custody of child for adoption; penalty.

No person may sell or buy a minor child, or request, or accept, receive, or pay any fee, compensation, or any other thing of value as consideration for relinquishing the custody of a child for adoption. Provided, however, release or termination of prior support obligations shall not be construed as compensation or any other thing of value within the meaning of this section. However, reasonable costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered, as provided for in Section 63-9-310(F). This section does not prohibit the assumption by a prospective adoptive parent of child support obligations previously established by the order of any court.
Any person violating the provisions of this section or the provisions of Section 63-9-310(F) is guilty of a felony and, upon conviction or plea of guilty, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court.
HISTORY: 1984 Act No. 474, Section 1; 1988 Act No. 653, Section 18A.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1072. Reporting medical treatment for gunshot wound; immunity; physician-patient privilege abrogated; penalties.

(A) Any physician, nurse, or any other medical or emergency medical services personnel of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.
(B) The reports provided for in subsection (A) may be made orally, or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.
(C) A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings, good faith is rebuttably presumed.
(D) For purposes of this section, the confidential or privileged nature of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.
(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.
HISTORY: 1999 Act No. 69, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1075. Felony of carjacking; penalties.

(A) For purposes of this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:
(1) be imprisoned not more than twenty years; or
(2) if great bodily injury results, be imprisoned not more than thirty years.
HISTORY: 1993 Act No. 163, Section 1; 1998 Act No. 402, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1080. Committing or attempting to commit a violent crime while wearing body armor a felony.

(A) Except as provided in subsection (B), a person who commits or attempts to commit a violent crime, as defined in Section 16-1-60, or threatens to commit a violent crime, as defined in Section 16-1-60, while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.
(B) Subsection (A) does not apply to:
(1) a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, while in the performance of his official duties; or
(2) a security officer while in the performance of his official duties.
(C) As used in this section:
(1) "Body armor" means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;
(2) "Security officer" means a person lawfully employed to protect another person or to protect the property of another person.
HISTORY: 2001 Act No. 100, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1083. Death or injury of child in utero due to commission of violent crime.

(A)(1) A person who commits a violent crime, as defined in Section 16-1-60, that causes the death of, or bodily injury to, a child who is in utero at the time that the violent crime was committed, is guilty of a separate offense under this section.
(2)(a) Except as otherwise provided in this subsection, the punishment for a separate offense, as provided for in subsection (A)(1), is the same as the punishment provided for that criminal offense had the death or bodily injury occurred to the unborn child's mother.
(b) Prosecution of an offense under this section does not require proof that:
(i) the person committing the violent offense had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.
(c) If the person engaging in the violent offense intentionally killed or attempted to kill the unborn child, that person must, instead of being punished under subsection (A)(2)(a), be punished for murder or attempted murder.
(d) Notwithstanding any provision of this section or any other provision of law, the death penalty must not be imposed for an offense prosecuted under this section.
(B) Nothing in this section may be construed to permit the prosecution under this section:
(1) of a person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) of a person for any medical treatment of the pregnant woman or her unborn child; or
(3) of a woman with respect to her unborn child.
(C) As used in this section, the term "unborn child" means a child in utero, and the term "child in utero" or " child who is in utero" means a member of the species homo sapiens, at any state of development, who is carried in the womb.
(D) Nothing in this section shall be construed to broaden or restrict any other rights currently existing for the child who is in utero.
HISTORY: 2006 Act No. 325, Section 2, eff June 2, 2006.
Editor's Note
2006 Act No. 325, Section 1, provides as follows:
"This act may be cited as the 'Unborn Victims of Violence Act of 2006'."
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1095. Creation of Department of Crime Victim Assistance Grants; solicitation and administration of grants and awards.

(A) The Department of Crime Victim Assistance Grants is created within the Office of the Attorney General, South Carolina Crime Victim Services Division to administer the Victims of Crime Act grants, the Violence Against Women Act grants, and the State Victim's Assistance Program grants. The Director of the Crime Victim Services Division shall appoint a deputy director of the department.
(B) The deputy director shall establish a process to solicit and administer the disbursement of funds for Victims of Crime Act grants, the Violence Against Women Act grants, and the State Victim's Assistance Program grants available under Public Law 98-473 establishing the Victims of Crime Act of 1984, and the Violence Against Women Act (VAWA-I) established under Title IV of the Violent Crime Control and Law Enforcement Act of 1944, Public Law No. 103-322, 108 Stat. 1796 (September 13, 1994), and administer all other crime victim service funding as provided by law, including, but not limited to, the authority to solicit for federal formula or discretionary grant awards and foundation funding.
HISTORY: 2017 Act No. 96 (S.289), Section 8.A, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1130. Claims; assignment to field representative; investigation and reports.

(1) A claim, once accepted for filing and completed, must be assigned to a field representative. The field representative shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include but not be limited to an examination of police, court, and official records and reports concerning the crime and an examination of medical and hospital reports relating to the injury upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single field representative.
(2) Claims must be investigated and determined, regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.
(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1989 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1140. Application for review of decision; appeals; subpoenas; report on review.

(A) The claimant may, within thirty days after receipt of the report of the decision of the deputy director, make an application in writing to the deputy director for review of the decision.
(B) Upon receipt of an application for review pursuant to subsection (A), the deputy director shall forward all relevant documents and information to the Chairman of the Crime Victim Advisory Board. The chairman shall appoint a three-member panel of the board which shall review the records and affirm or modify the decision of the deputy director; provided, that the chairman may order, in his discretion, that any particular case must be heard by the full board. If considered necessary by the board or its panel or if requested by the claimant, the board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The board or its panel shall render a decision within ninety days after completion of the investigation. The action of the board or its panel is final and nonappealable. If the deputy director receives no application for review pursuant to subsection (A), his decision becomes the final decision of the Department of Crime Victim Compensation.
(C) The board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.
(D) The deputy director shall within ten days after receipt of the board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 2017 Act No. 96 (S.289), Section 5.C, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.C, made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1150. Emergency awards.

Notwithstanding the provisions of Section 16-3-1130, if it appears to the deputy director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the deputy director may make one or more emergency awards to the claimant pending a final decision in the case, provided that:
(1) the amount of each emergency award shall not exceed five hundred dollars;
(2) the total amount of such emergency awards shall not exceed one thousand dollars;
(3) the amount of such emergency awards must be deducted from any final award made to the claimant; and
(4) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the Victim Compensation Fund as created by this article.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1986 Act No. 540, Part II, Section 27A; 2017 Act No. 96 (S.289), Section 5.D, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.D, made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1170. Basis for award.

(A) No award may be made unless:
(1) a crime was committed;
(2) the crime directly resulted in physical or psychic trauma to the victim;
(3) the crime was promptly reported to the proper authority and recorded in police records; and
(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation.
(B) For the purposes of subsection (A)(3), a crime reported more than forty-eight hours after its occurrence is not "promptly reported", absent a showing of special circumstances or causes which justify the delay.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1988 Act No. 405, Section 2; 2017 Act No. 96 (S.289), Section 5.F, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.F, in (A)(4), substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation" for "South Carolina Victim's Compensation Fund"; and in (B), substituted "subsection (A)(3)" for "item (3) of subsection (A)".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1190. Reduction of award.

Any award made pursuant to this article may be reduced by or set off by the amount of any payments received or to be received as a result of the injury (a) from or on behalf of the person who committed the crime, (b) from any other private or public source, including an award of workers' compensation pursuant to the laws of this State or (c) as an emergency award pursuant to Section 16-3-1150; provided, that private sources shall not include contributions received from family members, or persons or private organizations making charitable donations to a victim.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1200. Conduct of victim or intervenor contributing to infliction of injury; reduction of award; rejection of claim.

In determining the amount of an award, the Deputy Director, the Board, or its panel shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy Director, the Board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however, the Deputy Director, the Board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in subsection (8) of Section 16-3-1110.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1210. Persons eligible for award.

Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:
(a) the offense was committed in this State; or
(b) the victim was a resident of this State when the crime was committed in either another state or outside the United States if the crime is terrorism. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim; or
(c) the victim was a resident of this State when the offense was committed in another state. In any case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.
A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question, or acted on behalf of the suspect, juvenile offender, or defendant.
HISTORY: 1982 Act No. 455 Section 2. 1984 Act No. 489, Section 1; 1989 Act No. 181, Section 2; 1997 Act No. 45, Section 2; 1997 Act No. 141, Section 2.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1220. Persons ineligible for award.

A person listed in Section 16-3-1210 is not eligible to recover under this article if the person:
(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;
(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred by subsection (1) had he survived;
(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award.
HISTORY: 1982 Act No. 455, Section 2. 1984 Act No. 489, Section 1; 1989 Act No. 181, Section 3; 1991 Act No. 144, Section 2; 2017 Act No. 96 (S.289), Section 5.H, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.H, substituted "Section 16-3-1210" for "Section 16-3-1210(1)".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1230. Claim filed on behalf of minor or incompetent; time limitations.

(A) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.
(B) A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following events:
(1) the occurrence of the crime upon which the claim is based;
(2) the death of the victim;
(3) the discovery by the law enforcement agency that the occurrence was the result of crime; or
(4) the manifestation of a mental or physical injury is diagnosed as a result of a crime committed against a minor.
(C) Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence, diagnosed manifestation, or death. "Good cause" for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim Compensation Fund but does not mean simply ignorance of the law.
(D) Claims must be filed in the Department of Crime Victim Compensation with input from the board by conventional mail, facsimile, in person, or through another electronic submission mechanism approved by the director. The director shall accept for filing all claims submitted by persons eligible pursuant to subsection (A) and meeting the requirements as to the form of the claim contained in the form developed by the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1989 Act No. 181, Section 4; 2006 Act No. 380, Section 5, eff upon approval (became law without the Governor's signature on June 14, 2006); 2008 Act No. 271, Section 2, eff January 1, 2009; 2017 Act No. 96 (S.289), Section 5.I, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.I, renumbered the section; in (C), substituted "Victim Compensation Fund" for "Victim's Compensation Fund"; and, in (D), substituted "Department of Crime Victim Compensation with input from the board" for "office of the director", "subsection (A)" for "subsection (1)", and "form developed by the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation" for "regulations of the board".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1240. Disclosure of records as to claims; confidentiality; applicability of Freedom of Information Act.

It is unlawful, except for purposes directly connected with the administration of the fund, for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards pursuant to the provisions of this article without the written consent of the applicant or recipient. The records, papers, files, and communications of the board, its panel, and the director and his staff must be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 4, Title 30.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 2017 Act No. 96 (S.289), Section 5.J, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.J, substituted "fund" for "victim's compensation program", "pursuant to the provisions of this article" for "hereunder", "Chapter 4, Title 30" for "Chapter 3 of Title 30", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1250. Subrogation of State to right of action accruing to claimant, victim, or intervenor.

Payment of an award pursuant to this article subrogates the State to the extent of the payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the crime with respect to which the award is made, except that subrogation shall not reduce the financial recovery by the victim, claimant, or intervenor to less than one hundred percent of actual losses or expenses. The subrogation amount must be reduced if there is a jury award or judicial award in a bench trial, which results in a loss to the victim, claimant, or intervenor. Subrogation shall not be reduced if the action is terminated other than by a jury award or judicial award in a bench trial.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1996 Act No. 458, Part II, Section 51B.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1270. Restitution by offender; lien against offender; filing of lien.

If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to Sections 24-23-210 through 24-23-230, such restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the Director pursuant to Section 24-23-210. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1997 Act No. 34, Section 1.
Editor's Note
Section 24-23-210 was repealed by 1994 Act No. 497, Part II Section 36.U, and section 24-23-220 was repealed by 1996 Act No. 292, Section 6.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1280. False claim; penalties.

Any person who knowingly makes a false claim or a false statement in connection with any claim hereunder is guilty of a misdemeanor and upon conviction must be punishable by a fine of not less than five hundred dollars or by a term of imprisonment for not less than one year, or both, and shall further forfeit all money received hereunder, if any.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1290. Victim Compensation Fund; payment of claims, expenses and administrative costs.

(A) There is hereby created a special fund to be known as the Victim Compensation Fund for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.
(B) The funds placed in the Victim Compensation Fund shall consist of all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article and money recovered on behalf of the State pursuant to this article by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from assessments or fines, or received from any other public or private source, pursuant to this article.
(C) All administrative costs of this article, except the director's salary, must be paid out of money collected pursuant to this article which has been deposited in the fund.
(D) Interest earned on all monies held in the fund shall be remitted to the general fund of the State.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1984 Act No. 512, Part II, Section 73; 2017 Act No. 96 (S.289), Section 5.L, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.L, redesignated the paragraph identifiers; in (A), substituted "Victim Compensation Fund" for "Victim's Compensation Fund" and "fund" for "Victim's Compensation Fund"; in (B), substituted "Victim Compensation Fund" for "Victim's Compensation Fund"; in (C), substituted "fund" for "Victim's Compensation Fund"; in (D), substituted "fund" for "Victim's Compensation Fund"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1300. Payment of award; exemption from garnishment, execution, or attachment.

Any award made under this article must be paid in accordance with the discretion and decision of the Deputy Director as to the manner of payment, subject to the regulations of the board and not inconsistent with the Board's or panel's award. No award made pursuant to this article is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy Director, the Board or its panel may, if in its opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1310. Payment of award to victim or intervenor confined in correctional facility.

No award of any kind must be made under this article to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1320. Payment of award as not constituting ordinary income for tax purposes.

An award made pursuant to this article shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 12 of the 1976 Code, or to the extent lawful, under the United States Internal Revenue Code.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1330. Insufficient funds for payment of claims.

(A) When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided pursuant to the provisions of this article, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.
(B) Any award is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim Compensation Fund.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1988 Act No. 367, Section 1; 2017 Act No. 96 (S.289), Section 5.M, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.M, inserted the paragraph identifiers; in (A), substituted "pursuant to the provisions of this article" for "herein"; and, in (B), deleted "hereunder" following "Any award", and substituted "Victim Compensation Fund" for "Victim's Compensation Fund".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1340. Attorney for claimant; fees; attorney for Department of Crime Victim Compensation; soliciting employment to pursue claim or award; penalties.

(A) A claimant may be represented by an attorney in proceedings under this article. Attorneys' fees must be paid from the Victim Compensation Fund, subject to the approval of the director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the board or its panel hearing the appeal. Attorneys within the Office of the Attorney General shall represent the Department of Crime Victim Compensation in proceedings under this article.
(B) Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless the consideration or gratuity is approved by the deputy director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not more than one year, or both.
HISTORY: 1982 Act No. 455, Section 2; 1984 Act No. 489, Section 1; 1993 Act No. 181, Section 996; 2017 Act No. 96 (S.289), Section 5.N, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 5.N, rewrote the section, making conforming changes reflecting the restructuring of victim services generally relating to the Victim Compensation Fund and certain responsibilities of the newly created Office of the Attorney General, South Carolina Crime Services Division, Department of Crime Victim Compensation.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1360. Debt collection activities prohibited until award is made or denied; suspension of statute of limitations; definition.

(A) When a person files a claim pursuant to this article, a health care provider that has received written notice of a pending claim is prohibited from all debt collection activities relating to medical and psychological treatment received by the person in connection with the claim until an award is made on the claim or the claim is determined to be noncompensable and is denied, or ninety days have passed after the health care provider first received notice of a pending claim. The statute of limitations for collection of the debt is suspended during the period in which the applicable health care provider is required to refrain from debt collection activities.
(B) For purposes of this section, "debt collection activities" means repeatedly calling or writing to the claimant and threatening to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term does not include routine billing or inquiries about the status of the claim.
HISTORY: 2010 Act No. 241, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1400. Omitted.

HISTORY: Former Section, titled Definitions, had the following history: 1984 Act No. 489, Section 2; 1988 Act No. 405, Section 3; 2008 Act No. 271, Section 3, eff January 1, 2009; 2010 Act No. 293, Section 1, eff August 27, 2010. Omitted by 2017 Act No. 96, Section 6, eff July 1, 2017. See now, Section 16-3-1420.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1420. Definitions.

For purposes of this article:
(1) "Victim service provider" means a person:
(a) who is employed by a local government or state agency and whose job duties involve providing victim assistance as mandated by South Carolina law; or
(b) whose job duties involve providing direct services to victims and who is employed by an organization that is incorporated in South Carolina, holds a certificate of authority in South Carolina, or is registered as a charitable organization in South Carolina, and the organization's mission is victim assistance or advocacy and the organization is privately funded or receives funds from federal, state, or local governments to provide services to victims.
"Victim service provider" does not include a municipal court judge, magistrates court judge, circuit court judge, special circuit court judge, or family court judge.
(2) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding is commenced.
HISTORY: 1984 Act No. 489, Section 2; 1988 Act No. 405, Section 3; 2008 Act No. 271, Section 3, eff January 1, 2009; 2010 Act No. 293, Section 1, eff August 27, 2010. Formerly Section 16-3-1400, renumbered by 2017 Act No. 96 (S.289), Section 6, eff July 1, 2017.
Editor's Note
Prior Laws: Former Section 16-3-1420 was titled Director, and had the following history: 1984 Act No. 489, Section 2; 2008 Act No. 271, Section 3, eff January 1, 2009.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 6, reenacted former Section 16-3-1400 as Section 16-3-1420.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1505. Legislative intent.

In recognition of the civic and moral duty of victims of and witnesses to a crime to cooperate fully and voluntarily with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.
HISTORY: 1997 Act No. 141, Section 3.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1515. Victim or witness to supply certain information; requirements for restitution; victims wishing to be present in court to notify prosecuting agency or summary court judge; victim impact statement.

(A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
HISTORY: 1997 Act No. 141, Section 3.
Code Commissioner's Note
Pursuant to 2017 Act No. 96, Section 14, the reference to "victim's compensation fund" in (B) was changed to "victim compensation fund".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 3 - Offenses Against The Person › Section 16-3-1520. Victim entitled to copy of initial incident report; assistance in applying for victim's compensation benefits; information on progress of case.

(A) A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of his case, and a document which:
(1) describes the constitutional rights the State grants victims in criminal cases;
(2) describes the responsibilities of victims in exercising these rights;
(3) lists local victim assistance and social service providers;
(4) provides information on eligibility and application for victim's compensation benefits; and
(5) provides information about the rights of victims and witnesses who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial contact, must assist each eligible victim in applying for victim's compensation benefits and other available financial, social service, and counseling assistance.
(C) Law enforcement victim advocates, upon request, may intervene with, and seek special consideration from, creditors of a victim who is temporarily unable to continue payments as a result of an offense and with the victim's employer, landlord, school, and other parties as considered appropriate through the investigative process.
(D) A law enforcement agency, upon request, must make a reasonable attempt to inform a victim of the status and progress of his case from initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting agency.
HISTORY: 1984 Act No. 418, Section 2; 1988 Act No. 405, Section 4; 1997 Act No. 141, Section 3.