As used in this article:
(1) "Office" means Office of the Attorney General, South Carolina Crime Victim Services Division.
(2) "Convicted" includes any conviction by entry of a plea of guilty or nolo contendere, conviction after trial, a finding of guilty but mentally ill, or a finding of not guilty by reason of insanity.
(3) "Eligible person" means:
(a) a victim of the particular crime in question who has suffered direct or threatened physical, psychological, or financial harm as a result of the commission of the particular crime;
(b) a victim's spouse;
(c) a victim's parent;
(d) a victim's child;
(e) a spouse, parent, child, or lawful representative of a victim who is:
(i) deceased;
(ii) a minor;
(iii) incompetent; or
(iv) physically or psychologically incapacitated; or
(f) a person dependent for principal support on the deceased victim of the crime.
"Eligible person" does not include the offender criminally responsible for the crime in question or a person aiding or abetting the offender criminally responsible.
(4) "Offender" means the person convicted of the particular crime in question.
(5) "Profit from a crime" includes any of the following:
(a) property obtained through or income generated from the commission of a crime for which the offender was convicted;
(b) property obtained or income generated from the sale, conversion, or exchange of proceeds of a crime for which the offender was convicted, including gain realized by the sale, conversion, or exchange; or
(c) property which the offender obtained or income generated as a result of having committed the crime for which the offender was convicted, including assets obtained through the unique knowledge obtained during the commission of or in preparation for the commission of the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of that property and any gain realized by that sale, conversion, or exchange.
HISTORY: 2000 Act No. 306, Section 4.
Code Commissioner's Note
Pursuant to 2017 Act No. 96, Section 14, the reference to "State Office of Victim Assistance in the office of the Governor" in (1) was changed to "Office of the Attorney General, South Carolina Crime Victim Services Division".
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 25 - Judgment And Execution
Section 17-25-10. No person shall be punished until legally convicted.
Section 17-25-20. Punishment for felony when not specially provided.
Section 17-25-30. Sentence when no punishment is provided.
Section 17-25-45. Life sentence for person convicted for certain crimes.
Section 17-25-50. Considering closely connected offenses as one offense.
Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Section 17-25-100. Suspension of sentence in misdemeanor cases.
Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Section 17-25-120. Restitution of stolen goods.
Section 17-25-137. Liability of court imposing alternative sentence.
Section 17-25-140. Definitions.
Section 17-25-160. Funds for implementing program.
Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Section 17-25-320. Enforcement of sentence and judgment against corporations.
Section 17-25-324. Restitution to secondary victims and third-party payees; reports.
Section 17-25-330. Execution on forfeited recognizance or for fine.
Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Section 17-25-380. Number of copies and form of notice under Section 17-25-370.
Section 17-25-390. Acknowledgment of receipt of notice.
Section 17-25-400. Service of notice on prisoner.
Section 17-25-500. Title of act.
Section 17-25-510. Definitions.
Section 17-25-520. Notice of payment of profit from crime; notification of victims.
Section 17-25-560. Obligation to report knowledge of profit from crime.
Section 17-25-570. Action by offender to defeat purpose of article null and void.