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South Carolina Capital Punishment Laws



More Information on Capital Punishment Laws

Code Section 16-3-10, et seq.; 24-3-530; 44-23-210, et seq.
Is Capital Punishment Allowed?Yes
Effect of Defendant's IncapacityA female who is pregnant may not be executed until 9 months after she is no longer pregnant; defendants capacity to appreciate conduct is a mitigating circumstance
Minimum AgeNo minimum age; under 18 is a mitigating circumstance
Available for Crimes Other than Homicide?None
Definition of Capital HomicideMurder in connection with any criminal sexual conduct, kidnapping, burglary, armed robbery, larceny with use of deadly weapon, poison, drug trafficking, physical torture during commission of a drug trafficking felony; prior murder conviction; dismemberment of a person; knowingly created great risk of death to multiple persons in public place; for money or monetary value; judicial officer, solicitor, or other officer of the court (or formers) because of exercise of duties; agent/employee of another; law enforcement officer, peace officer, correction employees, fireman (or formers) related to duty; family members of abovementioned; multiple victims; victim is a child 11 or under; killing of a witness; killing by mob, lynching; killing during a duel
Method of ExecutionElectrocution or lethal injection, at the election of the defendant, but if lethal injection is held unconstitutional, then electrocution; if election is waived, then lethal injection

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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