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The State Laws of South Carolina

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Disclaimer: Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. South Carolina Abortion Laws Within the state of South Carolina, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, South Carolina state legislation expresses a variety of stipulations with regard to a legal abortion process: •A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; abortions may take place within the first trimester of pregnancy with expressed maternal consent – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of South Carolina •An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol •Individuals accused of performing illegal abortion procedures can be punished with a prison sentence ranging from 2to 5 years and a $5,000 fine; unlawful abortions classified as misdemeanors can be punishable by incarceration and fines ranging from $2,000 to $10,000 •Partial birth abortion is only permissible in the event that a mother’s health is at immediate risk South Carolina Common Law Marriage Common Law Marriage is currently legal in the state of South Carolina South Carolina Marijuana Laws Within the state of South Carolina, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the South Carolina State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of South Carolina: Possession/Under the Influence of Marijuana Individuals charged with possession of Marijuana exceeding 1 ounce can be charged for Drug Trafficking/Sale 1.Amount: less than 1 ounce (first offense) •Penalty: 30 days’ incarceration •Fines: $100 - $200 •Classification: Misdemeanor 2.Amount: less than 1 ounce (second offense) •Penalty: 1 years’ incarceration •Fines: $200 - $1,000 •Classification: Misdemeanor Cultivation of Marijuana Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration 3.Amount: less than 100 plants •Penalty: 5 years’ incarceration •Fines: $5,000 •Classification: Felony 4.Amount: 100 to 1,000 plants •Penalty: minimum sentence of 25 years’ incarceration •Fines: $25,000 •Classification: Felony 5.Amount: 1,000 to 10,000 plants •Penalty: minimum sentence of 25 years’ incarceration •Fines: $50,000 •Classification: Felony 6.Amount: 10,000+ plants •Penalty: minimum sentence of 25 years’ incarceration •Fines: $200,000 •Classification: Felony Sale of Marijuana Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration 1.Amount: less than 10 pounds •Penalty: 5 years’ incarceration •Fines: $5,000 •Classification: Felony 2.Amount: 10 – 100 pounds •Penalty: minimum sentence of 1 year incarceration •Fines:$10,000 •Classification: Felony 3.Amount: 10 – 100 pounds •Penalty: minimum sentence of 25 years’ incarceration •Fines: $25,000 •Classification: Felony 4.Amount: 10 – 100 pounds •Penalty: minimum sentence of 25 years’ incarceration •Fines: $50,000 •Classification: Felony 5.Amount: 10 – 100 pounds •Penalty: minimum sentence of 25 years’ incarceration •Fines: $200,000 •Classification: Felony Medical Marijuana Within the state of South Carolina, Medical Marijuana is considered to be illegal both for patient use and cultivation South Carolina DWI and DUI Laws Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of South Carolina: •Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of South Carolina, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02% •The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense •In South Carolina, supplementary penalties may be incurred due to BAC levels exceeding .18% •Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within South Carolina, law enforcement agents are permitted to act in accordance with implied consent laws •Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 180 days’ time;penalties can range upwards of 1 year in addition to the installation of an ignition interlock device •Upon a fourth DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle South Carolina Gun Laws A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of South Carolina, handgun laws are as follows: •The sale, ownership, or possession of handguns with regard to convicted felons, known members of criminal organizations, individuals deemed unfit to carry firearms by the State Court of South Carolina, individuals addicted to drugs or alcohol, or individuals who have been in long-term care in a mental health facility is illegal in the state of South Carolina;individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed •A waiting period for the purchase of a firearm does not currently exist in the state of South Carolina •Current listing or report of forearms considered to be illegal in the state of South Carolina: machine guns, sawed-off shotguns and rifles, altered firearms, Teflon-coated bullets, and teargas South Carolina Adoption Laws In the state of South Carolina, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child: •Within the state of South Carolina, and individual must maintain residence for a period of no less than 3 months •Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption •Within the state of South Carolina, the State Department of Social and Family Services mandates all adoptions •In the event of financial insolubility, court-mandated relief may be granted South Carolina Employment and Labor Laws •Within the state of South Carolina, there does not exist a standard of minimum wage •Within the state of South Carolina, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment South Carolina Divorce Laws Within the state of South Carolina, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage: •A divorce must be filed subsequent to 90 days of residence with regard to a marriage taking place within South Carolina; in the event that an individual –or individuals – were married in South Carolina and had not lived there on a continuous basis, a time constraint for filing does may reach 1 years’ time of residence •‘No Fault’ divorce does exist in the event of a 1-year separation •Additional grounds for divorce include cruelty, domestic violence, adultery, legal separation, and addiction South Carolina Death Penalty Laws Within the state of South Carolina, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure: •In the event of mental instability authorized by a court, capital punishment is disallowed •9 months following the end of a pregnancy, capital punishment is disallowed •Traditionally, the minimum age permissible for a capital punishment sentence is 18; however, no mandated minimum age requirement exists •Within the state of South Carolina, homicide is considered to be the only crime punishable by death •The accepted means of capital punishment is lethal injection or electrocution; this is the choice of the defendant – however, a motion for electrocution may be overturned South Carolina Gambling Laws Within the state of South Carolina, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth: •Horse racing wagering is legal only in state-mandated and officiated horse races •Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of South Carolina •Betting on games or elections in both public and private settings is illegal; the participation in any sort of gaming on a Sunday is illegal South Carolina Child Laws Within the state of South Carolina, the following stipulations with regard to child laws and child custody are recognized: •Joint custody is not permitted •The rights implied within grandparental visitation are recognized •The wishes of any or all children involves are not taken into consideration with regard to a custody decision
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  • State Of South Carolina

    Disclaimer:

    Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

    South Carolina Abortion Laws

    Within the state of South Carolina, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, South Carolina state legislation expresses a variety of stipulations with regard to a legal abortion process:

    • A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; abortions may take place within the first trimester of pregnancy with expressed maternal consent – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of South Carolina

    • An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol

    • Individuals accused of performing illegal abortion procedures can be punished with a prison sentence ranging from 2to 5 years and a $5,000 fine; unlawful abortions classified as misdemeanors can be punishable by incarceration and fines ranging from $2,000 to $10,000

    • Partial birth abortion is only permissible in the event that a mother’s health is at immediate risk

    South Carolina Common Law Marriage

    Common Law Marriage is currently legal in the state of South Carolina

    South Carolina Marijuana Laws

    Within the state of South Carolina, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the South Carolina State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of South Carolina:

    Possession/Under the Influence of Marijuana

    Individuals charged with possession of Marijuana exceeding 1 ounce can be charged for Drug Trafficking/Sale

    1. Amount: less than 1 ounce (first offense)

    • Penalty: 30 days’ incarceration

    • Fines: $100 - $200

    • Classification: Misdemeanor

    2. Amount: less than 1 ounce (second offense)

    • Penalty: 1 years’ incarceration

    • Fines: $200 - $1,000

    • Classification: Misdemeanor

    Cultivation of Marijuana

    Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

    3. Amount: less than 100 plants

    • Penalty: 5 years’ incarceration

    • Fines: $5,000

    • Classification: Felony

    4. Amount: 100 to 1,000 plants

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $25,000

    • Classification: Felony

    5. Amount: 1,000 to 10,000 plants

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $50,000

    • Classification: Felony

    6. Amount: 10,000+ plants

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $200,000

    • Classification: Felony

    Sale of Marijuana

    Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

    1. Amount: less than 10 pounds

    • Penalty: 5 years’ incarceration

    • Fines: $5,000

    • Classification: Felony

    2. Amount: 10 – 100 pounds

    • Penalty: minimum sentence of 1 year incarceration

    • Fines: $10,000

    • Classification: Felony

    3. Amount: 10 – 100 pounds

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $25,000

    • Classification: Felony

    4. Amount: 10 – 100 pounds

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $50,000

    • Classification: Felony

    5. Amount: 10 – 100 pounds

    • Penalty: minimum sentence of 25 years’ incarceration

    • Fines: $200,000

    • Classification: Felony

    Medical Marijuana

    Within the state of South Carolina, Medical Marijuana is considered to be illegal both for patient use and cultivation

    South Carolina DWI and DUI Laws

    Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of South Carolina:

    • Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of South Carolina, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

    • The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

    • In South Carolina, supplementary penalties may be incurred due to BAC levels exceeding .18%

    • Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within South Carolina, law enforcement agents are permitted to act in accordance with implied consent laws

    • Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 180 days’ time; penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

    • Upon a fourth DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle

    South Carolina Gun Laws

    A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of South Carolina, handgun laws are as follows:

    • The sale, ownership, or possession of handguns with regard to convicted felons, known members of criminal organizations, individuals deemed unfit to carry firearms by the State Court of South Carolina, individuals addicted to drugs or alcohol, or individuals who have been in long-term care in a mental health facility is illegal in the state of South Carolina; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

    • A waiting period for the purchase of a firearm does not currently exist in the state of South Carolina

    • Current listing or report of forearms considered to be illegal in the state of South Carolina: machine guns, sawed-off shotguns and rifles, altered firearms, Teflon-coated bullets, and teargas

    South Carolina Adoption Laws

    In the state of South Carolina, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

    • Within the state of South Carolina, and individual must maintain residence for a period of no less than 3 months

    • Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

    • Within the state of South Carolina, the State Department of Social and Family Services mandates all adoptions

    • In the event of financial insolubility, court-mandated relief may be granted

    South Carolina Employment and Labor Laws

    • Within the state of South Carolina, there does not exist a standard of minimum wage

    • Within the state of South Carolina, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

    South Carolina Divorce Laws

    Within the state of South Carolina, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

    • A divorce must be filed subsequent to 90 days of residence with regard to a marriage taking place within South Carolina; in the event that an individual –or individuals – were married in South Carolina and had not lived there on a continuous basis, a time constraint for filing does may reach 1 years’ time of residence

    • ‘No Fault’ divorce does exist in the event of a 1-year separation

    • Additional grounds for divorce include cruelty, domestic violence, adultery, legal separation, and addiction

    South Carolina Death Penalty Laws

    Within the state of South Carolina, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

    • In the event of mental instability authorized by a court, capital punishment is disallowed

    • 9 months following the end of a pregnancy, capital punishment is disallowed

    • Traditionally, the minimum age permissible for a capital punishment sentence is 18; however, no mandated minimum age requirement exists

    • Within the state of South Carolina, homicide is considered to be the only crime punishable by death

    • The accepted means of capital punishment is lethal injection or electrocution; this is the choice of the defendant – however, a motion for electrocution may be overturned

    South Carolina Gambling Laws

    Within the state of South Carolina, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

    • Horse racing wagering is legal only in state-mandated and officiated horse races

    • Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of South Carolina

    • Betting on games or elections in both public and private settings is illegal; the participation in any sort of gaming on a Sunday is illegal

    South Carolina Child Laws

    Within the state of South Carolina, the following stipulations with regard to child laws and child custody are recognized:

    • Joint custody is not permitted

    • The rights implied within grandparental visitation are recognized

    • The wishes of any or all children involves are not taken into consideration with regard to a custody decision

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