reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-70. Plain language communications requirements for local and state emergency, fire, and law enforcement agencies.

Notwithstanding another provision of law, each local and state emergency, fire, and law enforcement agency shall either:
(1) adopt plain language communications as outlined by the Department of Homeland Security as its agency's standard; or
(2) implement and submit for review by the State Law Enforcement Division a plan for the use of plain language communication during periods of a declared emergency.
HISTORY: 2008 Act No. 296, Section 3, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-80. Repealed by 2011 Act No. 69, Section 16, eff January 1, 2012.

Editor's Note
Former Section 23-3-80 was entitled "Negotiation of memorandum of understanding with federal agency relating to unlawful aliens" and was derived from 2008 Act No. 280, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-85. Confidential communications.

(A) As used in this section:
(1) "Client" means a public safety employee or a public safety employee's immediate family.
(2) "Immediate family" means the spouse, child, stepchild, parent, or stepparent.
(3) "Peer-support team" means any critical incident support service provider who has received training to provide emotional and moral support to a client involved in a critical incident, including, but not limited to, chaplains, mental health professionals, and public safety peers.
(B) Notwithstanding any other provision of law, except as provided in subsection (C), communications between a client and any member of a peer-support team, including other clients involved in the same peer-support process, shall be confidential and privileged as provided by Section 19-11-95(B).
(C) The confidentiality and privilege created by subsection (B) shall not apply when:
(1) the disclosure is authorized by the client making the disclosure, or, if the client is deceased, the disclosure is authorized by the client's executor, administrator, or in the case of unadministrated estates, the client's next of kin. This provision only applies to statements made by the client;
(2) the peer-support team member was an initial responding officer, witness, or party to the critical incident;
(3) the communication was made when the member of the peer-support team was not performing official duties in the peer-support process; or
(4) the disclosure evidences a present threat to the client or to any other individual, or the disclosure constitutes an admission of a violation of state or federal law.
(D) Notwithstanding any other provision of law, this section does not require the disclosure of any otherwise privileged communications and does not relieve any mandatory reporting requirements.
HISTORY: 2016 Act No. 234 (H.4878), Section 1, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-110. Creation and functions of statewide criminal information and communication system.

There is hereby established as a department within the State Law Enforcement Division a statewide criminal information and communication system, hereinafter referred to in this article as "the system," with such functions as the Division may assign to it and with such authority, in addition to existing authority vested in the Division, as is prescribed in this article.
HISTORY: 1962 Code Section 53-30; 1970 (56) 2415.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-130. Determination of information to be supplied and methods of evaluation and dissemination; promulgation of rules and regulations.

The State Law Enforcement Division is authorized to determine the specific information to be supplied by the law-enforcement agencies and court officials pursuant to Section 23-3-120, and the methods by which such information shall be compiled, evaluated and disseminated. The State Law Enforcement Division is further authorized to promulgate rules and regulations to carry out the provisions of this article.
The South Carolina Law Enforcement Division shall disseminate criminal history conviction records upon request to local school districts for prospective teachers and to the State Department of Social Services for personnel of child day care facilities. This service must be provided to the local school districts without charge.
HISTORY: 1962 Code Section 53-32; 1970 (56) 2415; 1984 Act No. 512, Part II, Section 57B.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-140. Effect of Article on disclosure of information.

The provisions of this article shall not be construed to require or permit the disclosure or reporting of any information in the manner prohibited by existing law.
HISTORY: 1962 Code Section 53-33; 1970 (56) 2415.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-150. Grants and appropriations; contracts with public agencies.

The State Law Enforcement Division is authorized to accept, on behalf of the State, and use in the establishment, expansion and improvement of the system, funds in the nature of grants or appropriations from the State, the United States, or any agency thereof, and may contract with any public agency for use of the system in the furtherance of effective law enforcement.
HISTORY: 1962 Code Section 53-34; 1970 (56) 2415.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-160. Investigation of injury or death of person under twenty-one when use of beverages containing alcohol suspected.

In any accident involving injury or death of a person under the age of twenty-one, where there is cause to believe that any beverage containing alcohol was consumed prior to the accident by the person under twenty-one, the law enforcement agency having jurisdiction to investigate the accident shall commence a detailed investigation to determine the circumstances under which the beverage was obtained.
Upon initiation of this investigation by the local investigating law enforcement agency, the South Carolina Law Enforcement Division shall assist in whatever capacity necessary to fully complete the inquiry and shall cooperate and assist in the prosecution of appropriate criminal charges against any person who provided a beverage containing alcohol to the person under twenty-one.
HISTORY: 1987 Act No. 136, Section 1; 1993 Act No. 181, Section 342.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-170. Investigation of traffic-related injury or death of person where use of illegal drugs or controlled substances suspected.

In any motor vehicle accident involving injury or death of a person where there is cause to believe that an illegal drug or controlled substance was used prior to the accident by any person involved therein, the law enforcement agency having jurisdiction to investigate the accident shall commence a detailed investigation to determine the circumstances under which the illegal drug or controlled substance was obtained.
Upon initiation of this investigation by the local investigating law enforcement agency, the South Carolina Law Enforcement Division shall assist in whatever capacity necessary to fully complete the inquiry and shall cooperate and assist in the prosecution of appropriate criminal charges against any person who provided the illegal drug or controlled substance to that person.
HISTORY: 1987 Act No. 136, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-175. Inspection of junkyard, car dealership, parking lot, etc., for purpose of locating stolen vehicle or investigating titling or registration of wrecked or dismantled vehicle.

The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled.
HISTORY: 1999 Act No. 100, Part II, Section 47.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-200. Creation of Center; use of FBI file.

There is created a Missing Person Information Center, hereinafter referred to as MPIC, to be located in Columbia as a part of the State Law Enforcement Division. The purpose of the MPIC is to serve as a central repository for information regarding missing persons and missing and exploited children, with special emphasis on missing children. The MPIC shall utilize the Federal Bureau of Investigation/National Crime Information Center's missing person computerized file through the use of the State Law Enforcement Division's law enforcement communications network. This center is hereinafter referred to as FBI/NCIC.
HISTORY: 1985 Act No. 98, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-210. Definitions.

For the purposes of this article:
(1) "Missing child" means any individual who is under the age of seventeen years whose temporary or permanent residence is in South Carolina, or is believed to be in South Carolina, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
(2) "Missing person" means any individual who is seventeen years of age or older, whose temporary or permanent residence is in South Carolina, or is believed to be in South Carolina, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
(3) "Missing person report" is a report prepared on a prescribed form for transmitting information about a missing person or a missing child to a law enforcement agency.
(4) "Exploited children" are children under the age of eighteen who are placed in positions where they were taken advantage of sexually because of their inability to cognitively assess or resist the contact or who were placed into these positions because of their dependency upon the offender.
HISTORY: 1985 Act No. 98, Section 2; 1990 Act No. 479, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-220. Chief of State Law Enforcement Division, generally; employees.

The MPIC is under the direction of the Chief of the State Law Enforcement Division and may be organized and structured in a manner as the Chief deems appropriate to ensure that the objectives of the MPIC are achieved. The Chief may employ those MPIC personnel as the General Assembly may authorize and provide funding for.
HISTORY: 1985 Act No. 98, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-230. Promulgation of regulations.

The MPIC shall promulgate regulations prescribing:
(a) procedures for accepting and disseminating information maintained at the MPIC;
(b) the confidentiality of the data and information, including the missing person report, maintained by the MPIC;
(c) the proper disposition of all obsolete data, including the missing person report; provided, data for an individual who has reached the age of eighteen and remains missing must be preserved;
(d) procedures allowing a communication link with the State Law Enforcement Division and the FBI/NCIC's missing person file to ensure compliance with FBI/NCIC policies;
(e) forms, including but not limited to a missing person report, considered necessary for the efficient and proper operation of the MPIC.
HISTORY: 1985 Act No. 98, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-240. Submission of missing person reports to Center.

Any parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, may submit a missing person report to the MPIC on any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing, regardless of the circumstances.
HISTORY: 1985 Act No. 98, Section 5; 2010 Act No. 192, Section 1, eff May 28, 2010.
Effect of Amendment
The 2010 amendment inserted "or any person responsible for a missing person", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-250. Dissemination of missing persons data by law enforcement agencies.

A law enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, immediately shall make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, inform all of the agency's on-duty law enforcement officers of the missing person report, initiate a statewide broadcast to all other law enforcement agencies to be on the lookout for the individual, contact the agency's local media outlets when appropriate, and transmit a copy of the report to the MPIC.
HISTORY: 1985 Act No. 98, Section 6; 2010 Act No. 192, Section 2, eff May 28, 2010.
Effect of Amendment
The 2010 amendment inserted "or any person responsible for a missing person", substituted "immediately shall make" for "shall immediately make", deleted "immediately" before "inform all", substituted "the agency's" for "its", inserted "contact the agency's local media outlets when appropriate", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-260. Responsibilities of Center.

The MPIC shall:
(a) Assist local law enforcement agencies with entering data about missing persons or missing children into the national missing persons file, ensure that proper entry criteria have been met as set forth by the FBI/NCIC, and confirm entry of the data about the missing persons or missing children.
(b) Utilize both the intrastate communication network and the FBI/NCIC system in locating missing persons or missing children.
(c) Collect, process, maintain, and disseminate information on missing and exploited children or missing persons.
(d) Provide for a centralized distribution center for emergency flyers on missing persons or missing children.
(e) Formulate and distribute, both intrastate and interstate, a monthly bulletin of missing persons and missing children from South Carolina to law enforcement agencies.
(f) Develop, maintain, and disseminate a directory of resources available for assistance to local, state, and federal agencies and entities, public and private organizations, and others in locating a missing person or missing child.
(g) Provide news media, including, but not limited to, television and radio stations and newspapers, with pertinent information on missing persons and missing children on a regularly scheduled basis.
(h) Develop and disseminate recommended procedures and forms for the collection of identifying information, including but not limited to bloodtyping, fingerprinting, and dental charting, which are compatible with criteria established by the FBI/NCIC.
(i) Maintain all available information on any missing person or missing child including, but not limited to, the missing person report, fingerprints, blood types, dental information, and photographs. The identifying information maintained at the MPIC must be kept confidential, except as may be otherwise provided in this article.
(j) Conduct statewide training sessions and seminars relative to missing and exploited children and missing persons, including, but not limited to, methods to enhance the locating of missing children and missing persons and training regarding the operation of the MPIC.
(k) In the case of locating an individual who had previously been reported as being a missing person or missing child, provide referrals for counseling or other assistance or aid to the individual or the individual's family, if the individual or his family desires counseling or other assistance or aid.
(l) Provide a program of support and technical assistance for community-based efforts, especially in the case of children, to prevent disappearances and to ensure self-protection.
HISTORY: 1985 Act No. 98, Section 7.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-270. Notification requirements when missing person located.

Any parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, who submits a missing person report to a law enforcement agency or to the MPIC, after having first submitted the missing person report to the appropriate law enforcement agency, immediately shall notify the law enforcement agency and the MPIC of any individual whose location has been determined. The MPIC shall instigate and confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no grounds for criminal prosecution, and follow up with the local law enforcement agency having jurisdiction of the records.
HISTORY: 1985 Act No. 98, Section 8; 2010 Act No. 192, Section 3, eff May 28, 2010.
Effect of Amendment
The 2010 amendment inserted "or any person responsible for a missing person", substituted "immediately shall notify" for "shall immediately notify", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-280. Release of information.

The following may make inquiries of, and receive data or information from, the MPIC:
(a) Any police, law enforcement, or criminal justice agency investigating a report of a missing or unidentified person or child, whether living or deceased.
(b) A court, upon a finding by the court that access to the data, information, or records of the MPIC may be necessary for the determination of an issue before the court.
(c) Any solicitor of a judicial circuit in this State or the solicitor's designee or representative.
(d) Any person engaged in bona fide research when approved by the Chief; provided, no names or addresses may be supplied to this person.
HISTORY: 1985 Act No. 98, Section 9.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-300. Toll-free phone line; instructions to callers; communication with law enforcement agencies.

The MPIC shall provide a toll-free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. MPIC personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of the requirements contained in Section 23-3-240 of first having to submit a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing. Any law enforcement agency may retrieve information imparted to the MPIC by means of this phone line. The MPIC must directly communicate any report of a sighting of a missing person or a missing child to the law enforcement agency having jurisdiction in the area of disappearance or sighting.
HISTORY: 1985 Act No. 98, Section 11.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-310. Improper release of information; penalty.

Any person who knowingly and wilfully releases, or authorizes the release of, any data, information, or records maintained or possessed by the MPIC to any agency, entity, or person other than as specifically permitted by this article or in violation of any regulation promulgated by the MPIC is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment of not less than thirty days nor more than ninety days, or both.
HISTORY: 1985 Act No. 98, Section 12.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-320. Missing Person Task Force.

There is created a Missing Person Task Force composed of five members appointed by the Governor. The Governor shall designate a member as chairman. The Task Force shall study information gathered from the MPIC and the FBI/NCIC in order to make long-range plans concerning the gathering, maintaining, and processing of information and data on missing persons and missing children, concerning the effectiveness of efforts to determine the whereabouts of missing persons and missing children through the efforts of the MPIC, and concerning related matters. The Task Force shall submit a written report of its findings and recommendations to the Governor, the Attorney General, and the Joint Legislative Committee on Children on or before July 1, 1986. After submission of this report, the Missing Person Task Force is dissolved. The Task Force may meet as frequently as its chairman or a majority of its members considers necessary. Members of the Task Force are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
HISTORY: 1985 Act No. 98, Section 13.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-330. Endangered Person Notification System.

(A) The Endangered Person Notification System is established within the Missing Person Information Center. The purpose of the Endangered Person Notification System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment.
(B) If the center receives a report that involves a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, for the protection of the person from potential abuse or other physical harm, neglect, or exploitation, the center shall issue a notification providing for the appropriate dissemination of information regarding the person.
(C) The center shall adopt guidelines and develop procedures for issuing notifications, including wireless emergency alert notifications, for missing persons believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, provide education and training to local law enforcement agencies, and encourage radio and television broadcasters to participate in the notifications.
(D) The center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment when the person's vehicle and license tag information is available. The Department of Transportation shall utilize current protocol for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign.
(E) The South Carolina Law Enforcement Division shall be authorized to send wireless emergency alerts pursuant to this section.
HISTORY: 2010 Act No. 192, Section 4, eff May 28, 2010; 2023 Act No. 63 (H.3340), Section 1, eff May 19, 2023.
Effect of Amendment
2023 Act No. 63, Section 1, in (A), in the second sentence, substituted "Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder," for "dementia"; in (B), substituted "Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder," for "dementia"; in (C), inserted ", including wireless emergency alert notifications," and substituted "Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder," for "dementia"; in (D), in the first sentence, substituted "Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder," for "dementia"; and added (E).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-400. Purpose.

The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-410. Registry; contents and purpose; cross-reference alias names.

(A) The registry is under the direction of the Chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to: collect, analyze, and maintain information; make information available to every enforcement agency in this State and in other states; and establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
(B) SLED shall include and cross-reference alias names in the registry.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1; 2005 Act No. 141, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-420. Promulgation of regulations.

The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-436. Registration of persons adjudicated delinquent.

(A) A child who is fourteen years of age or older and who has been adjudicated delinquent by a family court in this State for any Tier III offense is required to register in accordance with this article.
(B) A child who is fourteen years of age or older and has been adjudicated delinquent of any other offense listed in Section 23-3-430(C) may be required, in the discretion of the family court, to register in accordance with this article. In making this determination, the court shall consider:
(1) the likelihood the juvenile will reoffend, based on a psychosexual risk assessment and evaluation by a licensed clinical psychologist or licensed psychiatrist employed by the Department of Juvenile Justice. The Circuit Solicitor's Office, Attorney General's Office, or the juvenile also may have an independent psychosexual risk assessment evaluation by a licensed psychologist or psychiatrist;
(2) the age of the juvenile at the time of the offense and adjudication;
(3) mitigating factors;
(4) aggravating factors including, but not limited to, age of victim, use of force, or use of weapons;
(5) prior adjudications; and
(6) other factors the court considers relevant.
(C) A child twelve years of age but less than fourteen years of age who has been adjudicated delinquent by a family court in this State for any Tier III offense may be required to register in the discretion of the Family Court.
(1) In making the determination, the court must consider:
(a) the likelihood the person will reoffend, based on a psychosexual risk assessment and evaluation by a licensed clinical psychologist or licensed psychiatrist as ordered by the court. The Circuit Solicitor's Office, Attorney General's Office, or the juvenile also may have an independent psychosexual risk assessment evaluation by a licensed psychologist or psychiatrist;
(b) the age of the juvenile at the time of the offense and adjudication;
(c) mitigating factors;
(d) aggravating factors including, but not limited to, age of victim, use of force, or use of weapons;
(e) prior adjudications; and
(f) other factors the court considers relevant.
(D) A resident child who is adjudicated delinquent in any other state is required to register in this State subject to the requirements of the sentencing jurisdiction including duration of registration.
HISTORY: 2022 Act No. 221 (H.4075), Section 2, eff May 23, 2022.
Editor's Note
2022 Act No. 221, Section 8, provides as follows:
"SECTION 8. This act is retroactive and shall apply to any resident of this State who currently is required to register as a sex offender pursuant to the provisions of Article 7, Chapter 3, Title 23, and who meets the requirements set forth in the act."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-437. Removal of certain juveniles from registry.

A juvenile convicted of an offense in family court who is required to register pursuant to the provisions of this article who has his record expunged, sealed, or receives a pardon must be removed from the registry by SLED.
HISTORY: 2022 Act No. 221 (H.4075), Section 9, eff May 23, 2022.
Editor's Note
2022 Act No. 221, Section 8, provides as follows:
"SECTION 8. This act is retroactive and shall apply to any resident of this State who currently is required to register as a sex offender pursuant to the provisions of Article 7, Chapter 3, Title 23, and who meets the requirements set forth in the act."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-450. Offender registration with sheriff; sheriff's notification of local law enforcement agencies.

The offender shall register with the sheriff of each county in which he resides, owns real property, is employed, or attends, is enrolled, volunteers, interns, or carries on a vocation at any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. To register, the offender must provide information as prescribed by SLED. The sheriff in the county in which the offender resides, owns real property, is employed, or attends, is enrolled, volunteers, interns, or carries on a vocation at any public or private school shall forward all required registration information to SLED within three business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been provided to the sheriff. The sheriff in the county in which the offender resides, owns real property, is employed, or attends, is enrolled, volunteers, interns, or carries on a vocation at any public or private school shall notify all local law enforcement agencies, including college or university law enforcement agencies, within three business days of an offender who resides, owns real property, is employed, or attends, is enrolled, volunteers, interns, or carries on a vocation at any public or private school within the local law enforcement agency's jurisdiction.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1; 2005 Act No. 141, Section 4; 2010 Act No. 212, Section 4, eff June 7, 2010.
Effect of Amendment
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-470. Failure to register or provide required notifications; penalties.

(A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of permanent or temporary address, or notification of change of employment, or in attendance, enrollment, employment, volunteer status, intern status, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school. If an offender fails to register, provide notification of change of address, or notification of permanent or temporary change in employment, or attendance, enrollment, employment, volunteer status, intern status, or vocation status at any public or private school, as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and may be fined not more than one thousand dollars, or imprisoned for not more than three hundred sixty-six days, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, or any other provision of law, a first offense may be tried in magistrates court.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of three hundred sixty-six days, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1; 2005 Act No. 141, Section 6; 2008 Act No. 333, Section 2, eff June 16, 2009; 2010 Act No. 212, Section 6, eff June 7, 2010.
Editor's Note
2008 Act No. 333, Section 4, provides as follows:
"This act takes effect upon approval by the Governor and ninety days after the State Law Enforcement Division has certified that sex offender mapping software has been implemented."
2009 Act No. 77, Section 2 provides as follows:
"SECTION 2 of Act 333 of 2008 shall take effect upon approval of this act by the Governor. All other sections of Act 333 of 2008 shall take effect as provided in SECTION 4 of Act 333 of 2008."
Effect of Amendment
The 2008 amendment, in paragraph (B)(1), substituted "may be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both" for "must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted".
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-475. Registering with false information; penalties.

(A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and may be fined not more than one thousand dollars, or imprisoned for not more than three hundred sixty-six days, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, or any other provision of law, a first offense may be tried in magistrates court.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of three hundred sixty-six days, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
HISTORY: 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1; 2010 Act No. 212, Section 7, eff June 7, 2010.
Effect of Amendment
The 2010 amendment rewrote subsection (B)(1); and, in subsection (B)(2), substituted "three hundred sixty-six days," for "one year" following "a mandatory period of".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-480. Notice of duty to register; what constitutes; registration following charge of failure to register not a defense.

(A) An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-500. Psychiatric or psychological treatment for children adjudicated for certain sex offenses.

A court must order that a child under twelve years of age who is convicted of, pleads guilty or nolo contendere to, or is adjudicated for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was convicted, pled guilty or nolo contendere, or adjudicated.
HISTORY: 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-510. Persons committing criminal offenses using sex offender registry information; punishment.

A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:
(1) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars, and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.
(2) For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years.
HISTORY: 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-520. Immunity of public officials, employees, and agencies for acts or omissions under this article; exceptions; duties regarding disclosure of information.

(A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence.
(B) Nothing in this chapter imposes an affirmative duty on a person to disclose to a member of the public information from the sex offender registry other than on those persons responsible for providing registry information pursuant to their official duties as provided for in this chapter.
(C) Nothing in this section may be construed to mean that information regarding persons on the sex offender registry is confidential except as otherwise provided by law.
HISTORY: 1998 Act No. 384, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-525. Notice by real estate brokerage about obtaining sex offender registry information.

A real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to the disclosure of information under this chapter if the brokerage or its affiliated licensees in a timely manner provides to its clients and customers written notice that they may obtain information about the sex offender registry and persons registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement.
HISTORY: 2005 Act No. 141, Section 7.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-530. Protocol manual for sex offender registry; contents.

The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry. The protocol manual must include, but is not limited to, the following:
(1) procedures for the verification of addresses by the sheriff's department in the county where the person resides; and
(2) specific requirements for registration and reregistration including, but not limited to, the following:
(a) the name, social security number, age, race, sex, date of birth, height, weight, hair and eye color; address of permanent residence, address of current temporary residence, within the State or out of state, including rural route address and post office box, which may not be provided instead of a physical residential address; date and place of employment; vehicle make, model, color, and license tag number, including work vehicles that are used the majority of the employee's work time, and the permanent or frequent location where all vehicles are kept; fingerprints and palm prints; Internet identifiers; passport and immigration documents; and a photograph;
(b) the name, address, and county of each institution of higher learning, including the specific campus location, if the person is enrolled, employed, volunteers, interns, or carries on a vocation there;
(c) the vehicle identification number, license tag number, registration number, and a description, including the color scheme, if the person lives in a motor vehicle, trailer, mobile home, or manufactured home and the permanent or frequent location where all vehicles, trailers, mobile homes, and manufactured homes are kept;
(d) the hull identification number, the manufacturer's serial number, the name of the vessel, live-aboard vessel, or houseboat, the registration number, and a description of the color scheme, if the person lives in a vessel, live-aboard vessel, or houseboat; and
(e) the tail number, manufacturer's serial number, and model of any aircraft, and a description of the aircraft, including the color scheme, and the permanent or frequent location where all aircraft are kept, if the person owns or operates an aircraft.
HISTORY: 1999 Act No. 110, Section 1; 2006 Act No. 342, Section 5, eff July 1, 2006; 2010 Act No. 212, Section 8, eff June 7, 2010.
Editor's Note
2006 Act No. 342, Section 1, provides as follows:
"This act may be cited as the 'Sex Offender Accountability and Protection of Minors Act of 2006'."
Effect of Amendment
The 2006 amendment added items (1) and (2) setting forth required contents.
The 2010 amendment rewrote subsection (2).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-545. Effect of conviction of wilfully violating term or condition of active electronic monitoring.

(A) If a person is convicted of wilfully violating a term or condition of active electronic monitoring pursuant to Section 23-3-540(M), the court may impose other terms and conditions considered appropriate and may continue the person on active electronic monitoring, or the court may revoke the active electronic monitoring and impose a sentence of up to ten years for the violation. A person who is incarcerated for a revocation is eligible to earn work credits, education credits, good conduct credits, and other credits which would reduce the sentence for the violation to the same extent he would have been eligible to earn credits on a sentence of incarceration for the underlying conviction. A person who is incarcerated for a revocation pursuant to the provisions of this subsection is not eligible for parole.
(B) If a person's electronic monitoring is revoked by the court and the court imposes a period of incarceration for the revocation, the person must be placed back on active electronic monitoring when the person is released from incarceration.
(C) A person may be sentenced for successive revocations, with each revocation subject to a ten-year sentence. The maximum aggregate amount of time the person may be required to serve when sentenced for successive revocations may not exceed the period of time the person is required to remain on the sex offender registry.
HISTORY: 2006 Act No. 346, Section 4, eff July 1, 2006.
Editor's Note
2006 Act No. 346, Section 9, provides as follows:
"This act takes effect on July 1, 2006, except that the provisions of Section 3 [amending this section] regarding the requirements of active electronic monitoring of certain offenders by the Department of Probation, Parole and Pardon Services does not take effect until the General Assembly funds the department to the extent necessary to implement those provisions."