(A) Photographs, videos, or other visual images and audio recordings of or related to the performance of an autopsy shall only be viewed by or disseminated to:
(1) the coroner or the medical examiner, or both, and their staff;
(2) members of law enforcement agencies, for official use only;
(3) parents of the deceased, surviving spouse, children, guardian, personal representative next of kin, and any other person given permission or authorization to view or possess the visual images by the personal representative of the deceased's estate;
(4) those involved in a judicial or administrative proceeding related to the death of the subject of the photograph, video, other visual image or audio recordings including, but not limited to:
(a) parties to a civil suit arising from, related to, or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the attorneys for the parties and the staff of the attorneys;
(b) a person charged with a crime arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the person's attorney and the staff of the attorney;
(c) staff of the prosecutor's office considering or prosecuting criminal charges arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(d) lay and expert witnesses conferred with, consulted or retained by a party or an attorney considering or involved in a legal or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(e) judges and administrative hearing officers, as well as their staff, involved in a judicial or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; and
(f) members of any jury, including grand juries, petit juries and coroner's juries, empanelled to hear or decide any issue arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;
(5) physicians and other persons consulted by or supervising the physicians or persons who were involved in the performance of the autopsy of the subject of the photograph, video, other visual images, or audio recordings; and
(6) a person who receives such photographs, videos, or other visual images pursuant to a validly issued court order, after notice and opportunity to object are provided to the personal representative of the deceased's estate.
These photographs and videos must be released and disseminated only as authorized by this section.
(B) Notwithstanding the provisions contained in subsection (A), a photograph, video, other visual image of an autopsy, or an audio recording of an autopsy, or a combination of each of these items, after all information immediately identifying the decedent has been redacted and after making facial recognition anonymous to the extent reasonably possible if lawfully obtained or possessed may be used for:
(1) legitimate medical scientific teaching or training purposes;
(2) legitimate teaching or training of law enforcement personnel;
(3) teaching or training of attorneys or other individuals with a professional need to use or understand forensic science or public health;
(4) conferring with medical or scientific experts in the field of forensic science or public health; or
(5) publication in a scientific or medical or legal journal or textbook.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense.
HISTORY: 2002 Act No. 350, Section 2, eff July 19, 2002; 2003 Act No. 34, Section 1, eff May 14, 2003.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 5 - Coroners And Medical Examiners
Section 17-5-10. Election of coroner.
Section 17-5-30. Official oaths; commission.
Section 17-5-60. Office; book of inquisitions.
Section 17-5-70. Coroner's deputies, appointment and duties.
Section 17-5-90. Coroner may not act under appointment of sheriff.
Section 17-5-100. Coroners must carry out orders of county governing body; fees and costs.
Section 17-5-110. Coroner or deputy coroner may carry pistol or other handgun.
Section 17-5-115. Deputy coroners; training and law enforcement status.
Section 17-5-120. Availability of medical records to coroner of another state.
Section 17-5-140. Funding for full-time county coroners; disbursement of remaining funds.
Section 17-5-220. Establishment and functions of medical examiner commissions in certain counties.
Section 17-5-240. Employment and duties of deputy medical examiners.
Section 17-5-330. Salaries and fees; annual budget.
Section 17-5-510. Duties of coroner and medical examiner.
Section 17-5-520. Authority to order autopsy; request in event of child's death.
Section 17-5-541. Local Child Fatality Review Teams; composition; notifications.
Section 17-5-542. Local Child Fatality Review Teams; purpose; reports.
Section 17-5-543. Meetings of Child Fatality Review Team; confidentiality; penalties.
Section 17-5-555. Reporting certain deaths of vulnerable adults.
Section 17-5-560. Certification of cause of death on death certificate.
Section 17-5-580. Authorization for removal of dead body; penalties; coroner's jury.
Section 17-5-590. Disposition of remains of unidentified dead bodies.