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The
law, S.C. Codes of Laws Section 23-3-460, Bi-annual registration for life;
notification of whereabouts or residence; periodic photographs of predators.
(A) A
person required to register pursuant to this article is required to register
bi-annually for life. For purposes of this article, "bi-annually" means each
year during the month of his birthday and again during the sixth month following
his birth month. The person required to register shall register and must
re-register at the sheriff's department in each county where he resides, owns
real property, or attends 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. A person determined by a
court to be a sexually violent predator pursuant to state law is required to
verify registration and be photographed every ninety days by the sheriff's
department in the county in which he resides unless the person is committed to
the custody of the State, and verification will be held in abeyance until his
release.
(B) If a person required to register pursuant to this
article changes his address within the same county, that person must send
written notice of the change of address to the sheriff within ten days of
establishing the new residence. If a person required to register under this
article owns or acquires real property within a county in this State, or attends
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, he must register with the sheriff in each county where the
real property or the public or private school is located within ten days of
acquiring the real property or attending the public or private school.
(C) If a person required to register pursuant to this article changes his
address into another county in South Carolina, the person must register with the
county sheriff in the new county within ten days of establishing the new
residence. The person must also provide written notice within ten days of the
change of address in the previous county to the sheriff with whom the person
last registered.
(D) A person required to register pursuant to this article and who is employed
by, attends, is enrolled at, or carries on a vocation 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,
must provide written notice within ten days of each change in attendance,
enrollment, employment, or vocation status at any public or private school in
this State. For purposes of this subsection, " employed and carries on a
vocation" means employment that is full-time or part-time for a period of time
exceeding fourteen days or for an aggregate period of time exceeding thirty days
during a calendar year, whether financially compensated, volunteered, or for the
purpose of government or educational benefit; and "student" means a person who
is enrolled on a full-time or part-time basis, in a 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 a vocational, technical, or occupational school.
(E) If a person required to register pursuant to this
article moves outside of South Carolina, the person must provide written notice
within ten days of the change of address to a new state to the county sheriff
with whom the person last registered.
(F) A person required to register pursuant to this article who moves to South
Carolina from another state, establishes residence, acquires real property,
attends or is enrolled at, or is employed by or carries on a vocation at a
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 a vocational, technical, or
occupational school in South Carolina, and is not under the jurisdiction of the
Department of Corrections, the Department of Probation, Parole and Pardon
Services, the Department of Juvenile Justice, or the Juvenile Parole Board at
the time of moving to South Carolina must register within ten days of
establishing residence, acquiring real property, attending or enrolling at, or
being employed by or carrying on a vocation at a public or private school in
this State.
(G) The sheriff of the county in which the person resides must forward all
changes to any information provided by a person required to register pursuant to
this article to SLED within five business days.
(H) A sheriff who receives registration information, notification of change of
address, or notification of change in attendance, enrollment, employment, or
vocation status at a 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 a
vocational, technical, or occupational school, must notify all local law
enforcement agencies, including college or university law enforcement agencies,
within five business days of an offender whose address, real property, or public
or private school is within the local law enforcement agency's jurisdiction.
(I) The South Carolina Department of Motor Vehicles,
shall inform, in writing, any new resident who applies for a driver's license,
chauffeur's license, vehicle tag, or state identification card of the obligation
of sex offenders to register. The department also shall inform, in writing, a
person renewing a driver's license, chauffeur's license, vehicle tag, or state
identification card of the requirement for sex offenders to register.
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Those required to register
The law, South Carolina Code of Laws
23-3-430. Sex offender
registry; convictions and not guilty by reason of insanity findings
requiring registration. |
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(A) Any person, regardless of age, residing in the State of South Carolina
who in this State has been convicted of, adjudicated delinquent for, pled
guilty or nolo contendere to an offense described below, or who has been
convicted, adjudicated delinquent, pled guilty or nolo contendere, or
found not guilty by reason of insanity in any comparable court in the
United States, or a foreign country, or who has been convicted,
adjudicated delinquent, pled guilty or nolo contendere, or found not
guilty by reason of insanity in the United States federal courts of a
similar offense, or who has been convicted of, adjudicated delinquent for,
pled guilty or nolo contendere, or found not guilty by reason of insanity
to an offense for which the person was required to register in the state
where the conviction or plea occurred, shall be required to register
pursuant to the provisions of this article. A person who has been found
not guilty by reason of insanity shall not be required to register
pursuant to the provisions of this article unless and until the person is
declared to no longer be insane or is ordered to register by the trial
judge. A person who has been convicted, adjudicated delinquent, pled
guilty or nolo contendere, or found not guilty by reason of insanity in
any court in a foreign country may raise as a defense to a prosecution for
failure to register that the offense in the foreign country was not
equivalent to any offense in this State for which he would be required to
register and may raise as a defense that the conviction, adjudication,
plea, or finding in the foreign country was based on a proceeding or trial
in which the person was not afforded the due process of law as guaranteed
by the Constitution of the United States and this State.
(B) For purposes of this article, a person who remains in this State for a
total of thirty days during a twelve-month period is a resident of this
State.
(C) For purposes of this article, a person who has been convicted of, pled
guilty or nolo contendere to, or been adjudicated delinquent for any of
the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section
16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is
presented at the criminal proceeding and the court makes a specific
finding on the record that the conviction obtained for this offense
resulted from consensual sexual conduct, as contained in Section
16-3-655(3) provided the offender is eighteen years of age or less, or
consensual sexual conduct between persons under sixteen years of age, the
convicted person is not an offender and is not required to register
pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child
(Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section
16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section
16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated
delinquent, pled guilty or nolo contendere in this State, or who has been
convicted, adjudicated delinquent, pled guilty or nolo contendere in a
comparable court in the United States, or who has been convicted,
adjudicated delinquent, pled guilty or nolo contendere in the United
States federal courts of indecent exposure or of a similar offense in
other jurisdictions is required to register pursuant to the provisions of
this article if the court makes a specific finding on the record that
based on the circumstances of the case the convicted person should
register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or
older except when the court makes a finding on the record that the offense
did not include a criminal sexual offense or an attempted criminal sexual
offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age
except when the offense is committed by a parent;
(17) criminal sexual conduct when the victim is a spouse (Section
16-3-658);
(18) sexual battery of a spouse (Section 16-3-615);
(19) sexual intercourse with a patient or trainee (Section 44-23-1150);
(20) criminal solicitation of a minor if the purpose or intent of the
solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or
participate in sexual activity as defined in Section 16-15-375(5);
(b) perform a sexual activity in the presence of the person solicited
(Section 16-15-342); or
(21) administering, distributing, dispensing, delivering, or aiding,
abetting, attempting, or conspiring to administer, distribute, dispense,
or deliver a controlled substance or gamma hydroxy
butyrate to an individual with the intent to commit a crime listed in
Section 44-53-370(f), except petit larceny or grand larceny.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of
nolo contendere of a person of an offense not listed in this article, the
presiding judge may order as a condition of sentencing that the person be
included in the sex offender registry if good cause is shown by the
solicitor.
(E) SLED shall remove a person's name and any other information concerning
that person from the sex offender registry immediately upon notification
by the Attorney General that the person's adjudication, conviction, guilty
plea, or plea of nolo contendere for an offense listed in subsection (C)
was reversed, overturned, or vacated on appeal and a final judgment has
been rendered.
(F) If an offender receives a pardon for the offense for which he was
required to register, the offender may not be removed from the registry
except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated
in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a
motion for a new trial pursuant to Rule 29(b), South Carolina Rules of
Criminal Procedure, based on newly discovered evidence, the offender may
not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and
orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with
the state's consent. |
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