(A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of permanent or temporary address, or notification of change of employment, or in attendance, enrollment, employment, volunteer status, intern status, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school. If an offender fails to register, provide notification of change of address, or notification of permanent or temporary change in employment, or attendance, enrollment, employment, volunteer status, intern status, or vocation status at any public or private school, as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and may be fined not more than one thousand dollars, or imprisoned for not more than three hundred sixty-six days, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, or any other provision of law, a first offense may be tried in magistrates court.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of three hundred sixty-six days, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
HISTORY: 1994 Act No. 497, Part II, Section 112A; 1996 Act No. 444, Section 16; 1998 Act No. 384, Section 1; 2005 Act No. 141, Section 6; 2008 Act No. 333, Section 2, eff June 16, 2009; 2010 Act No. 212, Section 6, eff June 7, 2010.
Editor's Note
2008 Act No. 333, Section 4, provides as follows:
"This act takes effect upon approval by the Governor and ninety days after the State Law Enforcement Division has certified that sex offender mapping software has been implemented."
2009 Act No. 77, Section 2 provides as follows:
"SECTION 2 of Act 333 of 2008 shall take effect upon approval of this act by the Governor. All other sections of Act 333 of 2008 shall take effect as provided in SECTION 4 of Act 333 of 2008."
Effect of Amendment
The 2008 amendment, in paragraph (B)(1), substituted "may be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both" for "must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted".
The 2010 amendment rewrote this section.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 3 - South Carolina Law Enforcement Division
Section 23-3-10. Creation, chief and personnel of South Carolina Law Enforcement Division.
Section 23-3-20. Bond and oath of chief and agents; reappointment.
Section 23-3-25. Assignment of personnel; divisions.
Section 23-3-30. Supervision of security personnel employed by State.
Section 23-3-40. Recordation and classification of fingerprints taken in criminal investigations.
Section 23-3-50. Revenue from certain fees and licenses to be remitted to State Treasurer.
Section 23-3-55. Expenditure of revenue.
Section 23-3-80. Repealed by 2011 Act No. 69, Section 16, eff January 1, 2012.
Section 23-3-85. Confidential communications.
Section 23-3-110. Creation and functions of statewide criminal information and communication system.
Section 23-3-115. Fees for criminal record searches; charitable organizations; school districts.
Section 23-3-140. Effect of Article on disclosure of information.
Section 23-3-150. Grants and appropriations; contracts with public agencies.
Section 23-3-200. Creation of Center; use of FBI file.
Section 23-3-210. Definitions.
Section 23-3-220. Chief of State Law Enforcement Division, generally; employees.
Section 23-3-230. Promulgation of regulations.
Section 23-3-240. Submission of missing person reports to Center.
Section 23-3-250. Dissemination of missing persons data by law enforcement agencies.
Section 23-3-260. Responsibilities of Center.
Section 23-3-270. Notification requirements when missing person located.
Section 23-3-280. Release of information.
Section 23-3-310. Improper release of information; penalty.
Section 23-3-320. Missing Person Task Force.
Section 23-3-330. Endangered Person Notification System.
Section 23-3-410. Registry; contents and purpose; cross-reference alias names.
Section 23-3-420. Promulgation of regulations.
Section 23-3-436. Registration of persons adjudicated delinquent.
Section 23-3-437. Removal of certain juveniles from registry.
Section 23-3-462. Termination of registration requirements.
Section 23-3-465. Residence in campus student housing.
Section 23-3-470. Failure to register or provide required notifications; penalties.
Section 23-3-475. Registering with false information; penalties.
Section 23-3-490. Public inspection of offender registry.
Section 23-3-525. Notice by real estate brokerage about obtaining sex offender registry information.
Section 23-3-530. Protocol manual for sex offender registry; contents.
Section 23-3-540. Electronic monitoring; reporting damage to or removing monitoring device; penalty.
Section 23-3-550. Assisting or harboring unregistered sex offender; penalty.
Section 23-3-600. Short title.
Section 23-3-610. State DNA Database established; purpose.
Section 23-3-615. Definitions.
Section 23-3-620. When DNA samples required.
Section 23-3-625. DNA samples of missing persons.
Section 23-3-630. Persons authorized to take DNA sample; immunity from liability.
Section 23-3-660. Expungement of DNA record; grounds for requesting.
Section 23-3-670. Cost of collection supplies for processing samples; processing fees.
Section 23-3-680. Promulgation of regulations.
Section 23-3-690. Promulgation of regulations for processes regarding samples.
Section 23-3-810. Vulnerable Adults Investigations Unit established; duties.
Section 23-3-1200. SLED electronic monitoring system; collection, storage and use of information.
Section 23-3-1400. Blue alert program established; adoption of guidelines and procedures.