Table of Contents
While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. Users must accept all risks associated with actions taken based on this information. Please help us improve by reporting any errors or omissions via our form at https://narsol.org/wiki-response/
* All chapter 23 statutes are at same link; all chapter 16 statutes at same link.
South Carolina Laws Regarding Registration
Who must register?
What information must registrants provide?
How frequently must they register? And for how long?
Quarterly/biannually 23-3-460(A)(B) *
For life 23-3-460(A) *
https://www.scstatehouse.gov/code/t23c003.php
Does the state categorize registrants by levels/tiers?
Yes, Tier I, II, and III; but the tiers are not actually defined in the law. The State Law Enforcement Division uses definitions based on the Adam Walsh Act/SORNA.
Sexual Offenders FAQ
http://scor.sled.sc.gov/FAQs.aspx
Does the state use risk assessment when assigning tiers or levels to registrants?
No.
Do any registrants remain privately registered? If so, who?
No.
Is there a registration fee?
Yes
$150 Annually. Can be exempted if below poverty level.
Section 62.10 of the State Appropriations Act
https://www.scstatehouse.gov/sess124_2021-2022/appropriations2021/tap1b.htm
Are there special restrictions for registrants even after supervision?
Residency 23-3-535 *
Against living in campus housing, state supported 23-3-465 *
Release to public, to newspapers 23-3-490 *
Electronic monitoring 23-3-540 *
Internet identifiers 23-3-555d *
https://www.scstatehouse.gov/code/t23c003.php
Fees 62 D100 62.10
http://scstatehouse.gov/query.php?search=DOC&searchtext=62.22&category=BUDGET&year=2017&version_id=7&return_page=&version_title=Appropriation%20Act&coniSd=8882929&result_pos=0&keyval=37068&numrows=50
Is there a process for removal from the registry? If so, who qualifies and what is the process?
Yes - “on May 23, 2022, Governor Henry D. McMaster signed Act 221, former House Bill 4075, into law. This Act affords all sex offenders in South Carolina a mechanism to seek removal from South Carolina’s lifetime sex offender registry in response to the South Carolina Supreme Court’s decision in Powell v. Keel. This bill creates state tiers for offenders and provides reasonable avenues for removal based on the offender’s applicable state tier.”
https://www.sled.sc.gov/sor_removal
What is the registration requirement for someone with a sexual offense who is visiting the state?
After 10 or more consecutive days.
https://www.scstatehouse.gov/code/t23c003.php
What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school?
Within three days 23-3-460(G) *
https://www.scstatehouse.gov/code/t23c003.php
State Laws Regarding Sexual Offenses and Offenders, other than registration
What sexual offenses can people be convicted of, and what are the ranges of sentences?
16-3-652 – 659; 16-3-755; 16-3-800 – 820
https://www.scstatehouse.gov/code/t16c003.php
Does the state have lifetime supervision?
Lifetime electronic monitoring can be allowed for those on lifetime registration 23-3-540(H) *
https://www.scstatehouse.gov/code/t23c003.php
Does the state have indeterminate sentencing?
What are the state civil commitment laws?
Title 44 44-48-10 – 44-48-170
https://www.scstatehouse.gov/code/t44c048.php
See also
http://www.scag.gov/sexually-violent-predator
What is the age of consent?
Age 16 16-3-655(2)
https://www.scstatehouse.gov/code/t16c003.php
Are there “Romeo and Juliet” laws or other laws specific to young people?
No. Mistake of age may be used as a defense in some cases.
State Laws Regarding Sexual Offenses and Offenders, other than registration
What sexual offenses can people be convicted of, and what are the ranges of sentences?
16-3-652 – 659; 16-3-755; 16-3-800 – 820
https://www.scstatehouse.gov/code/t16c003.php
Does the state have lifetime supervision?
Lifetime electronic monitoring can be allowed for those on lifetime registration 23-3-540(H) *
https://www.scstatehouse.gov/code/t23c003.php
Does the state have indeterminate sentencing?
What are the state civil commitment laws?
Title 44 44-48-10 – 44-48-170
https://www.scstatehouse.gov/code/t44c048.php
See also
http://www.scag.gov/sexually-violent-predator
What is the age of consent?
Age 16 16-3-655(2)
https://www.scstatehouse.gov/code/t16c003.php
Are there “Romeo and Juliet” laws or other laws specific to young people?
No. Mistake of age may be used as a defense in some cases.
Info for State Advocates
Are felons allowed to vote? If so, when is this right restored?
Yes, after prison, parole, and probation
https://www.scjustice.org/people-felony-records-can-vote-south-carolina-heres/
What does the state say about persons who are required to register?
Law enforcement FAQs (must click Agree and complete a Captcha before you can actually get to the FAQ)
http://scor.sled.sc.gov/FAQs.aspx
https://www.dppps.sc.gov/Offender-Supervision/Supervision-Strategies/Sex-Offender-Management
How does the state’s legislative process work?
https://www.scstatehouse.gov/publicationspage/Booklet_2010_14thedition.pdf
https://www.scstatehouse.gov/studentpage/What/What.shtml
How can I locate legislation regarding sexual offense issues?
Must create account
https://reports.scstatehouse.gov/lits/litsindex.html
May search by a variety of methods, including by subject and an index
https://www.scstatehouse.gov/legislation.php
Best keywords are:
Sex offender; sexual offense; sex offense registry
How to sign up for notifications of bill movement:
Offers free and subscription services
http://www.ncsl.org/research/telecommunications-and-information-technology/bill-tracking-and-subscription-services.aspx
Most important legislative committees for our issues are:
House judiciary
https://www.scstatehouse.gov/CommitteeInfo/housejudiciary.php
Senate judiciary
https://www.scstatehouse.gov/CommitteeInfo/senatejudiciary.php
Joint Sentencing reform oversight
https://www.scstatehouse.gov/publicationspage/JtSpecCommList.pdf
Contact info for state legislators can be found at:
Senate
https://www.scstatehouse.gov/member.php?chamber=S
House
https://www.scstatehouse.gov/member.php?chamber=H
Other Useful State Information
Contact information for state registry office
SOUTH CAROLINA LAW ENFORCEMENT DIVISION
4400 BROAD RIVER ROAD
COLUMBIA, SC 29210
803-896-2601
Email form at link (must accept terms, do captcha, choose contact)
http://WWW.SLED.SC.GOV
http://scor.sled.sc.gov/ContactUs.aspx
NARSOL state affiliate website or blog:
None at this time.
Other helpful state advocacy groups:
Response needed.
Other registrant-friendly state support groups:
Response needed.
Other helpful information
* All chapter 23 statutes are at same link; all chapter 16 statutes at same link.
Other Useful State Information
Contact information for state registry office
SOUTH CAROLINA LAW ENFORCEMENT DIVISION
4400 BROAD RIVER ROAD
COLUMBIA, SC 29210
803-896-2601
Email form at link (must accept terms, do captcha, choose contact)
http://WWW.SLED.SC.GOV
http://scor.sled.sc.gov/ContactUs.aspx
NARSOL state affiliate website or blog:
None at this time.
Other helpful state advocacy groups:
Response needed.
Other registrant-friendly state support groups:
Response needed.
Other helpful information
* All chapter 23 statutes are at same link; all chapter 16 statutes at same link.