Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:
(a) the offense was committed in this State; or
(b) the victim was a resident of this State when the crime was committed in either another state or outside the United States if the crime is terrorism. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim; or
(c) the victim was a resident of this State when the offense was committed in another state. In any case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.
A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question, or acted on behalf of the suspect, juvenile offender, or defendant.
HISTORY: 1982 Act No. 455 Section 2. 1984 Act No. 489, Section 1; 1989 Act No. 181, Section 2; 1997 Act No. 45, Section 2; 1997 Act No. 141, Section 2.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 3 - Offenses Against The Person
Section 16-3-10. "Murder" defined.
Section 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.
Section 16-3-21. Jury instruction as to discussion of verdict.
Section 16-3-25. Punishment for murder; review by Supreme Court of imposition of death penalty.
Section 16-3-28. Punishment for murder; right of defendant to make last argument.
Section 16-3-29. Attempted murder.
Section 16-3-50. Manslaughter.
Section 16-3-60. Involuntary manslaughter; "criminal negligence" defined.
Section 16-3-70. Administering or attempting to administer poison.
Section 16-3-75. Tampering with human drug product or food item; penalty.
Section 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.
Section 16-3-210. Assault and battery by mob; investigation and apprehension; civil liability.
Section 16-3-410. Sending or accepting challenge to fight.
Section 16-3-420. Carrying or delivering challenge; serving as second.
Section 16-3-440. Principal or second compelled to give testimony.
Section 16-3-450. Persons concerned in duel as witnesses.
Section 16-3-460. Pleading in bar by State's witness to subsequent indictment.
Section 16-3-510. Hazing unlawful; definitions.
Section 16-3-520. Unlawful to assist in or fail to report hazing.
Section 16-3-540. Consent not a defense.
Section 16-3-600. Assault and battery; definitions; degrees of offenses.
Section 16-3-610. Certain offenses committed with a carried or concealed deadly weapon.
Section 16-3-615. Spousal sexual battery.
Section 16-3-651. Criminal sexual conduct; definitions.
Section 16-3-652. Criminal sexual conduct in the first degree.
Section 16-3-653. Criminal sexual conduct in the second degree.
Section 16-3-654. Criminal sexual conduct in the third degree.
Section 16-3-656. Criminal sexual conduct; assaults with intent to commit.
Section 16-3-657. Criminal sexual conduct; testimony of victim need not be corroborated.
Section 16-3-658. Criminal sexual conduct; when victim is spouse.
Section 16-3-660. Deposition testimony of rape victim or victim of assault with intent to ravish.
Section 16-3-670. Procedure for taking deposition.
Section 16-3-680. Sheriff shall secure attendance of accused; absence of counsel.
Section 16-3-690. Custody of deposition.
Section 16-3-700. Reading deposition to jury.
Section 16-3-710. Depositions in rebuttal.
Section 16-3-720. Destruction of deposition.
Section 16-3-730. Publishing name of victim of criminal sexual conduct unlawful.
Section 16-3-740. Testing of certain convicted offenders for Hepatitis B and HIV.
Section 16-3-750. Request that victim submit to polygraph examination.
Section 16-3-755. Sexual battery with a student.
Section 16-3-800. Definitions.
Section 16-3-810. Engaging child for sexual performance; penalty.
Section 16-3-820. Producing, directing or promoting sexual performance by child; penalty.
Section 16-3-830. Reasonable belief as to majority of child as affirmative defense.
Section 16-3-840. Methods of judicial determination of age of child.
Section 16-3-920. Conspiracy to kidnap.
Section 16-3-1010. Failing to remove doors from abandoned airtight containers.
Section 16-3-1020. Maintaining open and unprotected abandoned wells.
Section 16-3-1045. Use or employment of person under eighteen to commit certain crimes.
Section 16-3-1060. Receipt of compensation for relinquishing custody of child for adoption; penalty.
Section 16-3-1075. Felony of carjacking; penalties.
Section 16-3-1083. Death or injury of child in utero due to commission of violent crime.
Section 16-3-1090. Assisted suicide; penalties; injunctive relief.
Section 16-3-1110. Definitions.
Section 16-3-1120. Director of Crime Victim Services Division; powers and duties.
Section 16-3-1130. Claims; assignment to field representative; investigation and reports.
Section 16-3-1140. Application for review of decision; appeals; subpoenas; report on review.
Section 16-3-1150. Emergency awards.
Section 16-3-1170. Basis for award.
Section 16-3-1190. Reduction of award.
Section 16-3-1210. Persons eligible for award.
Section 16-3-1220. Persons ineligible for award.
Section 16-3-1230. Claim filed on behalf of minor or incompetent; time limitations.
Section 16-3-1270. Restitution by offender; lien against offender; filing of lien.
Section 16-3-1280. False claim; penalties.
Section 16-3-1290. Victim Compensation Fund; payment of claims, expenses and administrative costs.
Section 16-3-1300. Payment of award; exemption from garnishment, execution, or attachment.
Section 16-3-1310. Payment of award to victim or intervenor confined in correctional facility.
Section 16-3-1320. Payment of award as not constituting ordinary income for tax purposes.
Section 16-3-1330. Insufficient funds for payment of claims.
Section 16-3-1420. Definitions.
Section 16-3-1430. Victim assistance services; membership of Victim Services Coordinating Council.
Section 16-3-1505. Legislative intent.
Section 16-3-1510. Definitions.
Section 16-3-1530. Notification of victim of release, escape or transfer of accused.
Section 16-3-1565. No cause of action against public employees or agencies.
Section 16-3-1610. Definitions.
Section 16-3-1620. Department of Crime Victim Ombudsman.
Section 16-3-1630. Ombudsman; responsibilities; authority; annual report.
Section 16-3-1640. Confidentiality of information and files.
Section 16-3-1660. Grounds for dismissal.
Section 16-3-1680. Recommendation of regulations.
Section 16-3-1690. Submission of complaints; appeals.
Section 16-3-1700. Definitions.
Section 16-3-1705. Electronic mail service provider; immunity; definition.
Section 16-3-1710. Penalties for conviction of harassment in the second degree.
Section 16-3-1720. Penalties for conviction of harassment in the first degree.
Section 16-3-1730. Penalties for conviction of stalking.
Section 16-3-1735. Law enforcement officer empowered to sign warrant in place of victim.
Section 16-3-1770. Form and content of temporary restraining order.
Section 16-3-1790. Service of certified copies of restraining orders.
Section 16-3-1800. Arrest upon violation of restraining order.
Section 16-3-1830. Availability of other civil and criminal remedies.
Section 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.
Section 16-3-1900. Definitions.
Section 16-3-1910. Permanent restraining orders; procedure.
Section 16-3-1920. Emergency restraining orders; procedure.
Section 16-3-2010. Definitions.
Section 16-3-2020. Trafficking in persons; penalties; minor victims; defenses.
Section 16-3-2040. Restitution for victims of trafficking.
Section 16-3-2060. Civil action for victim of trafficking; statute of limitations.
Section 16-3-2090. Forfeiture.
Section 16-3-2210. Definitions.