(A) It is a felony for a person who has come to, entered, or remained in the United States in violation of law to allow themselves to be transported, moved, or attempted to be transported within the State or to solicit or conspire to be transported or moved within the State with intent to further the person's unlawful entry into the United States or avoiding apprehension or detection of the person's unlawful immigration status by state or federal authorities.
(B) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.
(C) It is a felony for a person who has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter themselves from detection or to solicit or conspire to conceal, harbor, or shelter themselves from detection in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of the person's unlawful immigration status by state or federal authorities.
(D) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.
(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.
(F) A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.
(G) This section does not apply to programs, services, or assistance including soup kitchens, crisis counseling, and intervention; churches or other religious institutions that are recognized as 501(c)(3) organizations by the Internal Revenue Service; or short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:
(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and
(iii) are necessary for the protection of life or safety.
Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.
(H) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section.
HISTORY: 2008 Act No. 280, Section 9, eff June 4, 2008; 2011 Act No. 69, Section 4, eff January 1, 2012.
Validity
For validity of this section, see U.S. v. South Carolina, 840 F.Supp.2d 898 (D.S.C. December 22, 2011).
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 9 - Offenses Against Public Justice
Section 16-9-10. Perjury and subornation of perjury.
Section 16-9-20. Subornation of perjury in civil actions.
Section 16-9-30. False swearing before persons authorized to administer oaths.
Section 16-9-50. Disposition of fines.
Section 16-9-210. Giving or offering bribes to officers.
Section 16-9-220. Acceptance of bribes by officers.
Section 16-9-230. Acceptance of rebates or extra compensation.
Section 16-9-260. Corrupting jurors, arbitrators, umpires or referees.
Section 16-9-270. Acceptance of bribes by jurors, arbitrators, umpires or referees.
Section 16-9-280. Offering bribe for purpose of inducing another to procure public office.
Section 16-9-290. Accepting bribes for purpose of procuring public office.
Section 16-9-300. Trial of offenses against Sections 16-9-280 and 16-9-290.
Section 16-9-310. "Law enforcement officer" defined.
Section 16-9-340. Intimidation of court officials, jurors or witnesses.
Section 16-9-360. Unauthorized recording of grand or petit jury proceedings.
Section 16-9-370. Taking money or reward to compound or conceal offense.
Section 16-9-380. Relationship between Article 4, common law, civil relief and other statutes.
Section 16-9-410. Aiding escapes from prison; rescuing prisoners.
Section 16-9-420. Aiding escape from custody of officers.
Section 16-9-430. Jailer or other officer wilfully suffering escapes.
Section 16-9-450. Prosecution of officers violating Section 16-9-440; fees and costs.