(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:
(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and
(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
(B) The presumption provided in subsection (A) does not apply if the person:
(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or
(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or
(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.
(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Property
Section 16-11-10. "Dwelling house" defined in case of burglary, arson and other criminal offenses.
Section 16-11-30. Possession of master keys and nonowner key sets.
Section 16-11-130. Burning personal property to defraud insurer.
Section 16-11-140. Burning of crops, fuel or lumber.
Section 16-11-150. Burning lands of another without consent.
Section 16-11-160. Carrying fire on lands of another without permit.
Section 16-11-170. Wilfully burning lands of another.
Section 16-11-180. Negligently allowing fire to spread to lands or property of another.
Section 16-11-190. Attempts to burn.
Section 16-11-310. Definitions.
Section 16-11-311. Burglary; first degree.
Section 16-11-312. Burglary; second degree.
Section 16-11-313. Burglary; third degree.
Section 16-11-325. Common law robbery classified as felony; penalty.
Section 16-11-330. Robbery and attempted robbery while armed with deadly weapon.
Section 16-11-345. Cardboard placards.
Section 16-11-350. Train robbery by stopping train.
Section 16-11-360. Robbery after entry upon train.
Section 16-11-370. Robbery of operators of motor vehicles for hire.
Section 16-11-390. Safecracking.
Section 16-11-410. Citation of article.
Section 16-11-420. Intent and findings of General Assembly.
Section 16-11-430. Definitions.
Section 16-11-510. Malicious injury to animals and other personal property.
Section 16-11-535. Malicious injury to place of worship.
Section 16-11-560. Burning or cutting untenanted or unfinished buildings.
Section 16-11-570. Injury or destruction of buildings or crops by tenant.
Section 16-11-590. Destruction of sea oat or Venus's flytrap plants.
Section 16-11-600. Notice of trespassing; purple paint.
Section 16-11-610. Entry on another's lands for various purposes without permission.
Section 16-11-615. Payment of treble damages; discharge from further penalty.
Section 16-11-617. Entry on another's land for purpose of cultivating marijuana.
Section 16-11-625. Public library trespass; warning; appeal; penalties.
Section 16-11-640. Unlawful entry into enclosed places.
Section 16-11-660. Traveling outside of road on cultivated lands.
Section 16-11-670. Pleading satisfaction in prosecutions under Sections 16-11-650 and 16-11-660.
Section 16-11-680. Altering and removing landmarks.
Section 16-11-690. Failure to return boat, flat or tool used for mining phosphate.
Section 16-11-720. Dumping trash in or along shoreline of Lake Greenwood; penalties.
Section 16-11-740. Malicious injury to telegraph, telephone or electric utility system.
Section 16-11-750. Unlawful injury or interference with electric lines.
Section 16-11-755. Operation of certain motor vehicles on utility rights of way unlawful; penalties.
Section 16-11-770. Illegal graffiti vandalism; penalty; removal or restitution.
Section 16-11-810. Short title.
Section 16-11-815. Definitions.
Section 16-11-825. Unauthorized connection or use of device to cable television system.
Section 16-11-830. Aiding or abetting another person in obtaining cable service without payment.
Section 16-11-835. Sale, lease, or advertising of equipment for avoidance of cable service charge.
Section 16-11-840. Unauthorized device designed to decode or descramble cable television signal.
Section 16-11-850. Receipt of signals from air by use of satellite dish or antenna.
Section 16-11-910. Prohibitions relative to sound recordings; application of section.
Section 16-11-911. Definitions; unlawful recording of motion pictures.
Section 16-11-940. Penalties for violations of Section 16-11-930.