A person who wilfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this article with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense, and not more than five thousand dollars or imprisoned for not more than one year, or both, for each subsequent violation.
HISTORY: 2008 Act No. 413, Section 2, eff October 21, 2008.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence
Section 17-28-10. Citation of Article.
Section 17-28-20. Definitions.
Section 17-28-30. Offenses for which post-conviction DNA testing available.
Section 17-28-40. Form and contents of application.
Section 17-28-60. Costs and expenses; appointment of counsel for indigent applicant.
Section 17-28-80. Preservation of test reports.
Section 17-28-90. Hearing; factors to be proved; orders relating to DNA samples.
Section 17-28-100. Disclosure and use of test results; motion for new trial.
Section 17-28-110. Consent to testing.
Section 17-28-120. Administration expenditure limitation.
Section 17-28-300. Citation of article.
Section 17-28-310. Definitions.
Section 17-28-320. Offenses for which evidence preserved; conditions and duration of preservation.
Section 17-28-330. Registration as custodian of evidence.
Section 17-28-340. Petition for destruction of evidence prior to expiration of required time period.