South Carolina
South Carolina Manslaughter Laws: Sentences and DUI Deaths (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 12 primary sources cited on this page. How we verify our legal content
South Carolina defines manslaughter in one sentence of its criminal code: "the unlawful killing of another without malice, express or implied," punishable by not less than 2 nor more than 30 years (S.C. Code 16-3-50). It is a felony: voluntary manslaughter is a Class A felony, and involuntary manslaughter, a killing shown by criminal negligence (reckless disregard of the safety of others), is a separate Class F felony carrying up to 5 years (16-3-60, 16-1-90).
The main Title 56 offenses for deaths caused by driving are reckless vehicular homicide (56-5-2910), felony driving under the influence resulting in death (56-5-2945), hit and run resulting in death (56-5-1210(A)(3)) and failing to stop for police when death results (56-5-750(C)(2)), and a 2025 act added fentanyl-induced homicide (16-3-80). For other states, see our guide to manslaughter laws by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the South Carolina criminal statutes on homicide below murder: manslaughter and involuntary manslaughter in Title 16, Chapter 3, fentanyl-induced homicide and the unborn-victim offense in Title 16, reckless vehicular homicide, felony DUI resulting in death, hit and run resulting in death and failure to stop for police resulting in death in Title 56, and boating deaths in Title 50, with the classification and sentencing rules that apply to them. It does not cover murder (see how long a life sentence is in South Carolina and our overview of murder sentencing), self-defense (see South Carolina self-defense laws), civil lawsuits over a death (see South Carolina wrongful death law), or federal manslaughter, which our manslaughter laws hub covers.
What is manslaughter in South Carolina?
South Carolina's statute does not split manslaughter into named kinds. Section 16-3-50 reads in full:
"A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, must be imprisoned not more than thirty years or less than two years."
The statute draws its line at malice: manslaughter is a killing "without malice, express or implied." The voluntary and involuntary labels come from elsewhere: the felony classification statute lists voluntary manslaughter, under 16-3-50, as a Class A felony (16-1-90(A)), and the legislature wrote involuntary manslaughter into its own section, 16-3-60, with its own mental state and a five-year maximum.
Under 16-3-5, no homicide offense may be prosecuted if at least three years pass between the injury and the death.
For how these terms relate to murder in general, see our explainer on the difference between murder, homicide and manslaughter.
South Carolina manslaughter offenses and penalties
| Offense | Statute | What it requires | Class | Statutory penalty |
|---|---|---|---|---|
| Manslaughter (voluntary) | S.C. Code 16-3-50 | Unlawful killing of another without malice, express or implied; under case law, sudden heat of passion upon sufficient legal provocation | Class A felony; violent crime | 2 to 30 years |
| Involuntary manslaughter | 16-3-60 | A killing shown by criminal negligence, defined as the reckless disregard of the safety of others | Class F felony | Up to 5 years |
| Fentanyl-induced homicide | 16-3-80 | Knowingly and unlawfully delivering fentanyl in violation of 44-53-370, where it is the proximate cause of another person's death | Felony exempt from classification | Up to 30 years |
| Reckless vehicular homicide | 56-5-2910(A) | A death within three years as a proximate result of injury from driving a vehicle in reckless disregard of the safety of others | Class E felony | Fine of $1,000 to $5,000, up to 10 years, or both; five-year license revocation |
| Felony driving under the influence, death results | 56-5-2945(A)(2) | Driving under the influence and doing an act forbidden by law or neglecting a legal duty, which proximately causes a death | Class B felony; violent crime | Mandatory fine of $10,100 to $25,100 and mandatory 1 to 25 years; no suspension or probation of any part of the mandatory sentence |
| Reckless homicide by operation of a boat | 50-21-115 | A death within three years as a proximate result of injury from operating a boat in reckless disregard of the safety of others | Class E felony | Fine of $1,000 to $5,000, up to 10 years, or both |
| Boating under the influence, death results | 50-21-113(A)(2) | Boating under the influence when death results | Class B felony; violent crime | Mandatory fine of $10,000 to $25,000 and mandatory 1 to 25 years; no suspension or probation |
| Hit and run resulting in death | 56-5-1210(A)(3) | A driver involved in an accident resulting in death who fails to stop and remain at the scene as the section requires | Class B felony; violent crime | 1 to 25 years and a fine of $10,000 to $25,000; license revocation |
| Vessel operator's failure to render assistance, death results | 50-21-130(A)(3) | A vessel operator involved in a collision, accident or other casualty resulting in death who fails to stop or to comply with the duty to render assistance and give identifying information | Class B felony; violent crime | 1 to 25 years and a fine of $10,000 to $25,000 |
| Failure to stop for a law enforcement vehicle, death results | 56-5-750(C)(2) | Failing to stop when signaled by a law enforcement vehicle and, while driving, doing an act forbidden by law or neglecting a legal duty, where death results | Class A felony; violent crime | Up to 30 years for offenses on or after May 12, 2026 (up to 25 years before); license revocation for the sentence term plus three years |
| Death of a child in utero in a violent crime | 16-3-1083 | Committing a violent crime listed in 16-1-60 that causes the death of a child in utero | Separate offense | The punishment for the underlying offense had the death occurred to the mother; an intentional killing is punished as murder |
South Carolina sets a maximum prison term for each felony class in 16-1-20(A): Class A, not more than 30 years; Class B, 25; Class C, 20; Class D, 15; Class E, 10; and Class F, 5. The class lists themselves are in 16-1-90, and 16-1-10(D) lists offenses exempt from classification, among them murder and fentanyl-induced homicide. Our guide to how South Carolina classifies felonies and misdemeanors explains the full scheme.
Voluntary manslaughter and heat of passion
Section 16-3-50 does not mention heat of passion or provocation; the rule is in the case law. In State v. Knoten, 347 S.C. 296 (2001), the Supreme Court of South Carolina stated it this way:
"Voluntary manslaughter is the unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Heat of passion alone will not suffice to reduce murder to voluntary manslaughter. Both heat of passion and sufficient legal provocation must be present at the time of the killing."
The court added that even when a legally adequate provocation has aroused a person's passion, "if at the time of the killing those passions had cooled or a sufficiently reasonable time had elapsed so that the passions of the ordinary reasonable person would have cooled, the killing would be murder and not manslaughter."
Title 16, Chapter 3, the homicide chapter, contains no statute defining heat of passion or sufficient provocation and no provision addressing a victim's sexual orientation or gender identity. Its one statutory statement on provocation is in the homicide-by-child-abuse section, which says "a child's crying does not constitute provocation so as to be considered a mitigating circumstance" (16-3-85(D)).
Self-defense is a separate justification and is covered on our page on South Carolina self-defense laws.
Involuntary manslaughter and criminal negligence
Section 16-3-60 defines the mental state and limits conviction to cases that meet it:
"With regard to the crime of involuntary manslaughter, criminal negligence is defined as the reckless disregard of the safety of others. A person charged with the crime of involuntary manslaughter may be convicted only upon a showing of criminal negligence as defined in this section. A person convicted of involuntary manslaughter must be imprisoned not more than five years."
Two points follow from the text. The definition of criminal negligence is written "with regard to the crime of involuntary manslaughter," so it governs that offense. And the section sets only a maximum of five years. Involuntary manslaughter is listed as a Class F felony in 16-1-90(F).
Vehicular homicide and felony DUI deaths in South Carolina
South Carolina does not use the names "vehicular manslaughter" or "DUI manslaughter." The main Title 56 offenses for deaths caused by driving are described below.
Reckless vehicular homicide (56-5-2910)
Section 56-5-2910(A) provides that "when the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless vehicular homicide."
The offense is a felony, and the person "must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both." The Department of Motor Vehicles "shall revoke for five years the driver's license" of a person convicted. The statute lets the court order reinstatement on listed conditions, the first of which is that alcohol, beer, wine, drugs or narcotics were not involved in the crash that led to the conviction. Reckless homicide under 56-5-2910 is listed as a Class E felony (16-1-90(E)).
Felony driving under the influence resulting in death (56-5-2945)
Section 56-5-2945(A) applies to a person who, "while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person."
Beyond impairment, the statute requires an act forbidden by law or a neglected legal duty that proximately causes the death. When death results, the punishment is "a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years" (56-5-2945(A)(2)).
The statute adds: "A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion." Under 56-5-2945(C)(2), an ignition interlock device is required for five years when a death occurs. Felony DUI resulting in death is listed as a violent crime in 16-1-60.
For DUI penalties when no one is killed, see South Carolina DUI laws.
Fleeing police resulting in death (56-5-750(C)(2))
A driver who fails to stop when signaled by a law enforcement vehicle and, while driving, does an act forbidden by law or neglects a duty imposed by law commits a felony when death results. For offenses on or after May 12, 2026, the maximum is 30 years (2025 Act No. 38); before that date it was 25 years. The license is revoked for a period that includes any term of imprisonment, suspended sentence, parole or probation, plus three years (56-5-750(D)). The offense is a Class A felony (16-1-90(A)) and a violent crime (16-1-60).
Leaving the scene of a fatal crash
A driver involved in an accident resulting in death who fails to stop and remain at the scene as 56-5-1210(A) requires commits a felony punishable by 1 to 25 years and a fine of $10,000 to $25,000, and the Department of Motor Vehicles revokes the license (56-5-1210(A)(3), (D)). It is a Class B felony (16-1-90(B)) and a violent crime (16-1-60). Our page on South Carolina hit-and-run laws covers it.
Boating deaths
Title 50 has parallel boating offenses. Reckless homicide by operation of a boat applies when a death "ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others"; it carries a fine of $1,000 to $5,000, up to 10 years, or both (50-21-115), and is listed as a Class E felony. Boating under the influence when death results carries "a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years," and no part of the mandatory sentence may be suspended or probated (50-21-113(A)(2)). A vessel operator involved in a collision, accident or other casualty resulting in death who fails to stop or to comply with the duty to render assistance and give identifying information faces 1 to 25 years and a fine of $10,000 to $25,000 (50-21-130(A)(3)).
Pending: S. 52 (2026)
A 2025-2026 bill, S. 52, would amend the felony DUI statute. It is not law. Its last recorded actions, on June 25, 2026, were the Senate's rejection of free conference powers and the House adjourning debate. Under its Section 29, if it were enacted, Sections 6, 8, 9, 10, 11, 13, 16 and 17 would take effect on December 31, 2026, and the rest on the governor's approval.
Fentanyl-induced homicide and other homicide offenses below murder
Fentanyl-induced homicide (16-3-80). Added by 2025 Act No. 61, effective May 22, 2025, this offense applies to a person who "knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance ... to another person, in violation of the provisions of Section 44-53-370," where "the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount" of that substance. The sentence is "not more than thirty years" (16-3-80(B)). It is exempt from felony classification (16-1-10(D)).
Homicide by child abuse (16-3-85). This separate offense covers causing the death of a child under the age of eleven while committing child abuse or neglect, under circumstances manifesting an extreme indifference to human life. It is punished by life imprisonment or a term of not less than 20 years (16-3-85(C)(1)), and the 16-3-85(A)(1) offense is listed as a violent crime (16-1-60). Knowingly aiding and abetting child abuse or neglect that results in the death of a child under eleven is punished by 10 to 20 years (16-3-85(A)(2), (C)(2)).
Death of a child in utero (16-3-1083). A person who commits a violent crime listed in 16-1-60, such as voluntary manslaughter or felony DUI resulting in death, that causes the death of a child in utero commits a separate offense, punished the same as the underlying offense would be had the death occurred to the mother. The state need not prove the person knew or should have known of the pregnancy or intended to harm the unborn child. A person who intentionally killed the unborn child is punished for murder instead.
Other offenses graded by a resulting death
- Habitual offender driving while suspended or revoked who, through an act forbidden by law or a neglected legal duty, proximately causes a death (56-1-1105(B)(2)): felony, up to 20 years and a fine of $5,000 to $10,000.
- Unlawfully passing a stopped school bus when the violation proximately causes a pedestrian's death (56-5-2780(B)(2)): felony, 1 to 5 years and a fine of $10,000 to $25,000.
- Wilfully interfering with traffic-control devices or railroad signs or signals when death results (56-5-1030(B)(3)): felony, up to 30 years.
- Using a firearm or archery tackle while hunting in a criminally negligent manner, causing a death (50-1-85(4)): misdemeanor, 3 months to 3 years.
- Knowingly and wilfully abusing or neglecting a vulnerable adult resulting in death (43-35-85(F)): felony, up to 30 years.
- Assault and battery by mob in the first degree, an act of violence by a mob that results in death (16-3-210(B)): felony, not less than 30 years.
- Assisted suicide (16-3-1090(E)): felony, up to 15 years, a fine of up to $100,000, or both; a stand-alone offense, not a form of manslaughter.
Sentencing rules: parole, probation and repeat offenders
No-parole offenses and the 85 percent rule. A "no parole offense" is a Class A, B or C felony, or an offense exempt from classification under 16-1-10(D), "which is punishable by a maximum term of imprisonment for twenty years or more" (24-13-100). An inmate serving a no-parole offense is not eligible for early release, discharge or community supervision "until the inmate has served at least eighty-five percent of the actual term of imprisonment imposed" (24-13-150(A)). Under those definitions, the no-parole offenses on this page include voluntary manslaughter (Class A, up to 30 years), fentanyl-induced homicide (exempt, up to 30 years), felony DUI resulting in death, boating under the influence resulting in death, hit and run resulting in death and a vessel operator's failure to render assistance resulting in death (each Class B, up to 25 years), and failure to stop for police resulting in death (Class A). Involuntary manslaughter (Class F, up to 5 years) and reckless vehicular homicide (Class E, up to 10 years) do not meet the definition.
Probation. The general probation statute lets a judge suspend a sentence and impose probation "after conviction or plea for any offense, except a crime punishable by death or life imprisonment" (24-21-410). Felony DUI resulting in death is different, because 56-5-2945 itself bars suspension or probation of any part of the mandatory sentence.
Repeat offenders. Voluntary manslaughter is on the list of "most serious offenses" in 17-25-45(C)(1). A conviction for a most serious offense after one prior most serious offense, or after two prior serious offenses, counting federal and out-of-state convictions for equivalent offenses, requires life imprisonment without the possibility of parole (17-25-45(A)). Felony DUI causing death (56-5-2945) is listed as a "serious offense," as is any offense punishable by a maximum of 30 years or more that is not on the most-serious list, such as fentanyl-induced homicide (17-25-45(C)(2)). A conviction for a serious offense after two or more prior serious or most serious offenses also requires life without parole (17-25-45(B)).
Recent changes
- May 12, 2026: 2025 Act No. 38 (H. 3127) raised the maximum for failure to stop for a law enforcement vehicle resulting in death from 25 to 30 years (56-5-750(C)(2)); offenses before that date carry the 25-year maximum.
- May 22, 2025: 2025 Act No. 61 (S. 156) added fentanyl-induced homicide, S.C. Code 16-3-80, punishable by up to 30 years.
- 2026 (pending, not law): S. 52, a DUI bill that would amend 56-5-2945, remained in the House after its last recorded actions on June 25, 2026.
Federal manslaughter
Federal law, 18 U.S.C. 1112, separately defines manslaughter for killings within the special maritime and territorial jurisdiction of the United States; our manslaughter laws hub covers it.
Related
- Manslaughter laws by state
- South Carolina felony and misdemeanor classes
- South Carolina DUI laws
- South Carolina hit-and-run laws
- First, second and third degree manslaughter explained
- Georgia manslaughter laws
- North Carolina manslaughter laws
This article provides general legal information about South Carolina law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in South Carolina.
Last updated: 2026-10-17.
Frequently Asked Questions
Is manslaughter a felony in South Carolina?
Yes. Voluntary manslaughter is a Class A felony and involuntary manslaughter a Class F felony (S.C. Code 16-1-90). Reckless vehicular homicide and felony DUI resulting in death are also felonies (56-5-2910, 56-5-2945).
How much time is voluntary manslaughter in South Carolina?
Section 16-3-50 sets imprisonment of not less than 2 nor more than 30 years. As a Class A felony punishable by 20 years or more, it is a no-parole offense, so the person must serve at least 85 percent of the term imposed before early release (24-13-100, 24-13-150(A)).
What is the sentence for involuntary manslaughter in South Carolina?
A person convicted of involuntary manslaughter must be imprisoned not more than five years (S.C. Code 16-3-60). It requires criminal negligence, defined in that section as the reckless disregard of the safety of others.
What is the difference between voluntary and involuntary manslaughter in South Carolina?
Voluntary manslaughter is an unlawful killing in sudden heat of passion upon sufficient legal provocation, a rule stated in State v. Knoten (2001) under the 16-3-50 definition of manslaughter as a killing without malice. Involuntary manslaughter under 16-3-60 requires a showing of criminal negligence, meaning reckless disregard of the safety of others.
What is the penalty for causing a death while driving drunk in South Carolina?
If an impaired driver does an act forbidden by law or neglects a legal duty, and that proximately causes a death, the offense is felony driving under the influence: a mandatory fine of $10,100 to $25,100 and mandatory imprisonment of 1 to 25 years, with no probation for any portion (S.C. Code 56-5-2945(A)(2)).
Is reckless vehicular homicide a felony in South Carolina?
Yes. A death within three years as a proximate result of driving in reckless disregard of the safety of others is a felony punishable by a fine of $1,000 to $5,000, up to 10 years, or both, and the Department of Motor Vehicles revokes the driver's license for five years (56-5-2910(A)).
Is fentanyl-induced homicide a separate crime in South Carolina?
Yes. Since May 22, 2025, knowingly and unlawfully delivering fentanyl in violation of 44-53-370, where it is the proximate cause of another person's death, is fentanyl-induced homicide, punishable by up to 30 years (S.C. Code 16-3-80).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 16: CRIMES AND OFFENSES
§ 16-3-50ManslaughterIn forcecited in 2 of our articles
A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, must be imprisoned not more than thirty years or less than two years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Rocheville (Supreme Court of South Carolina 1993, 310 S.C. 20)“…simply as the unlawful killing of another without malice. S.C. Code Ann. § 16-3-50 (1985). 5 With no further statutory d…”
- Casey v. State (Supreme Court of South Carolina 1991, 305 S.C. 445)“…aughter is the unlawful killing of another without malice. S.C. Code Ann. § 16-3-50 (1985). To constitute involuntary mans…”
- State v. Gandy (Supreme Court of South Carolina 1984, 283 S.C. 571)“…ful killing of another without malice, express or implied.” S. C. Code Ann. § 16-3-50 (1976). The general statutory definitio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in South Carolina? (2026 Guide)
§ 16-3-60Involuntary manslaughter; "criminal negligence" definedIn force
With regard to the crime of involuntary manslaughter, criminal negligence is defined as the reckless disregard of the safety of others. A person charged with the crime of involuntary manslaughter may be convicted only upon a showing of criminal negligence as defined in this section. A person convicted of involuntary manslaughter must be imprisoned not more than five years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-80Fentanyl-induced homicideIn force
(A) A person who knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, commits the felony offense of fentanyl-induced homicide if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance that was unlawfully delivered, dispensed, or otherwise provided. (B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years. (C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person, unless there exists clear and convincing evidence that the decedent intended to commit suicide.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-1-90Crimes classified as feloniesIn forcecited in 5 of our articles
(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, not more than thirty years, as set forth in Section 16-1-20(A), apply: 10-11-325(B)(2) Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death to a person where there was not malice aforethought 16-3-50 Manslaughter—voluntary 16-3-29 Attempted murder 16-3-652 Criminal sexual conduct First degree 16-3-655(C)(2) Criminal sexual conduct, 1st degree, with minor less than 16, 2nd offense 16-3-656 Assault with intent to commit criminal sexual conduct First degree 16-3-658 Criminal sexual conduct where victim is legal spouse (separated) First degree 16-3-910 Kidnapping 16-3-920 Conspiracy to commit kidnapping 16-3-1050(F) Abuse or neglect of a vulnerable adult resulting in death 16-3-1075(B)(2) Carjacking (great bodily injury) 16-3-2020(B)(2) Trafficking in persons—2nd offense 16-3-2020(C) Trafficking in persons in which the victim is under age eighteen—1st offense 16-11-110(A) Arson in the first degree 16-11-330(A) Robbery while armed with a deadly weapon 16-11-380(A) Entering bank with…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Theft Laws: Petit vs Grand Larceny and Shoplifting, South Carolina Assault and Battery Laws: Degrees and Penalties (2026), Is Blackmail Illegal in South Carolina? Blackmail Laws and Penalties
§ 16-1-20Penalties for classes of feloniesIn forcecited in 5 of our articles
(A) A person convicted of classified offenses, must be imprisoned as follows: (1) for a Class A felony, not more than thirty years; (2) for a Class B felony, not more than twenty-five years; (3) for a Class C felony, not more than twenty years; (4) for a Class D felony, not more than fifteen years; (5) for a Class E felony, not more than ten years; (6) for a Class F felony, not more than five years; (7) for a Class A misdemeanor, not more than three years; (8) for a Class B misdemeanor, not more than two years; (9) for a Class C misdemeanor, not more than one year. (B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence. (C) This chapter does not apply to the minimum sentences established for fines or community service.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Felony Classes and Misdemeanor Penalties (2026), South Carolina Embezzlement Laws: Breach of Trust, Forgery, Penalties
§ 16-1-60Violent crimes definedIn forcecited in 4 of our articles
For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Hair v. State (Supreme Court of South Carolina 1991, 305 S.C. 77)“…second degree burglary under Section 16-11-312(A) is not. S.C. Code Ann. § 16-1-60 (1989). Because second degree burglary…”
- State v. Torrence (Supreme Court of South Carolina 1991, 305 S.C. 45)“…be retained as an integral part of our law. NOTES [1] S.C. Code Ann. § 16-1-60 (1976) classifies murder as a violent…”
- Brown v. State (Supreme Court of South Carolina 1991, 306 S.C. 381)“…glary in the first degree is a violent crime as defined by S.C. Code Ann. § 16-1-60 (Supp. 1990). 2 P…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), South Carolina Expungement Laws: Who Qualifies and How to Apply, South Carolina Knife Laws (2026): Carry, Schools, Penalty
South Carolina Code of Laws, Title 56: MOTOR VEHICLES
§ 56-5-2910Reckless vehicular homicide; penalties; revocation of driver's license; reinstatement of license; conditions; consequences for subsequent violationsIn forcecited in 2 of our articles
(A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless vehicular homicide is guilty of a felony, and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The Department of Motor Vehicles shall revoke for five years the driver's license of a person convicted of reckless vehicular homicide. (B) After one year from the date of revocation, the person may petition the circuit court in the county of the person's residence for reinstatement of the person's driver's license. The person shall serve a copy of the petition upon the solicitor of the county. The solicitor shall notify the representative of the victim of the reckless vehicular homicide of the person's intent to seek reinstatement of the person's driver's license.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- State v. Leonard (Supreme Court of South Carolina 1987, 292 S.C. 133)“…rial judge charged the jury the reckless homicide statute, S.C. Code Ann. § 56-5-2910 (1976), which reads in part: When th…”
- State v. Cribb (Supreme Court of South Carolina 1992, 310 S.C. 518)“…rating such vehicle shall be guilty of reckless homicide.” S.C. Code Ann. § 56-5-2910 (1991). “A person who drives a…”
- State v. Easler (Court of Appeals of South Carolina 1996, 322 S.C. 333)“…vehicle in reckless disregard of the safety of others....” S.C. Code Ann. § 56-5-2910 (Supp. 1994). The elements of f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Hit and Run Laws: Penalties and What to Do
§ 56-5-2945Offense of felony driving under the influence; penalties; "great bodily injury" definedIn forcecited in 2 of our articles
(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person, is guilty of the offense of felony driving under the influence, and, upon conviction, must be punished: (1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results; (2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results. A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Cribb (Supreme Court of South Carolina 1992, 310 S.C. 518)“…C. 395, 397 , 343 S.E. (2d) 26, 27 (1986). See also S.C. Code Ann. § 56-5-2945 (1991). Clearly, recklessness is not r…”
- State v. Easler (Court of Appeals of South Carolina 1996, 322 S.C. 333)“…343 S.E. (2d) 26, 27 (1986)). See also S.C. Code Ann. § 56-5-2945 (Supp. 1994). Felony DUI requir…”
- Hopkins v. State (Supreme Court of South Carolina 1994, 317 S.C. 7)“…DUI causing great bodily injury, pursuant to S.C. Code Ann. § 56-5-2945 (1991). At trial, before petitioner’s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina DUI Laws: Penalties, BAC & License (2026)
South Carolina Code of Laws, Title 24: CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS
§ 24-13-100Definition of no parole offense; classificationIn force
For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 24-13-150Early release, discharge, and community supervision; limitations; forfeiture of creditsIn forcecited in 2 of our articles
(A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, an inmate convicted of a "no parole offense" as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the inmate has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow an inmate convicted of murder or an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Walker (Supreme Court of South Carolina 2018, 422 S.C. 89)“…y-five percent of the actual term of imprisonment imposed." S.C. Code Ann. § 24-13-150(A) (Supp. 2017); see S.C. Code Ann. § 2…”
- State v. Stacardo Grissett (Supreme Court of South Carolina 2024)“…erm of imprisonment of up to one year. 2 1 See generally S.C. Code Ann. § 24-13-150 (Supp. 2023) (providing an inmate convi…”
- Darrell L. Goss v. SCDC (Court of Appeals of South Carolina 2024)“…a Code (2018) is no longer considered a no parole offense); S.C. Code Ann. § 24-13-150(A) (Supp. 2023) ("Notwithstanding any o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 24-21-410Power to suspend sentence and impose probation; exceptions; search and seizureIn force
After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency. Before a defendant may be placed on probation, he must agree in writing to be subject to a search or seizure, without a search warrant, based on reasonable suspicions, of the defendant's person, any vehicle the defendant owns or is driving, and any of the defendant's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. A defendant may not be placed on probation by the court if he fails to comply with this provision and instead must be required to serve the suspended portion of the defendant's sentence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 17: CRIMINAL PROCEDURES
§ 17-25-45Life sentence for person convicted for certain crimesIn forcecited in 3 of our articles
(A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either: (1) one or more prior convictions for: (a) a most serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or (2) two or more prior convictions for: (a) a serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ontavious Derenta Plumer (Supreme Court of South Carolina 2023)“…d of two "most serious offenses" must be sentenced to LWOP. S.C. Code Ann. § 17-25-45(A)(1)(a) (2014). This conviction was Pl…”
- Van Sellner v. State (Supreme Court of South Carolina 2016, 416 S.C. 606)“…sey and New York for robbery and various drug offenses. See S.C. Code Ann. § 17-25-45 (2015). As a result of counsel's advice…”
- State v. Robinson (Supreme Court of South Carolina 2014, 410 S.C. 519)“…d Petitioner to life without the possibility of parole. See S.C. Code Ann. § 17-25-45 (2014). 2 Terry v. Ohio, 392 U.S…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Carolina Code of Laws, Title 50: FISH, GAME AND WATERCRAFT
§ 50-21-115Reckless homicide by operation of boat; penalty; persons convicted of certain offenses prohibited from operating boatIn force
When the death of a person ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat is guilty of reckless homicide. A person convicted of reckless homicide or a person who enters a plea of guilty of reckless homicide and receives sentence thereon must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than ten years, or both. A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat must be prohibited by the court having jurisdiction of these violations from operating any boat within this State for a period of not more than five years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 50-21-113Operation of moving water device while under the influence of alcohol or drugs resulting in property damage, great bodily injury or death; penaltiesIn force
(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates a moving water device, or is in actual control of a moving water device within this State and causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished by a mandatory fine of not less than: (1) five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results; (2) ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results. No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion. (B) As used in subsection (A) "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
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Sources and References
- S.C. Code Title 16, Chapter 3 (16-3-5 Three-year limit; 16-3-50 Manslaughter; 16-3-60 Involuntary manslaughter; 16-3-80 Fentanyl-induced homicide; 16-3-85 Homicide by child abuse; 16-3-210 Assault and battery by mob; 16-3-1083 Death of child in utero; 16-3-1090 Assisted suicide)(scstatehouse.gov).gov
- S.C. Code Title 16, Chapter 1 (16-1-10, 16-1-20, 16-1-60, 16-1-90 classification of crimes and violent crimes)(scstatehouse.gov).gov
- South Carolina Supreme Court, State v. Knoten, 347 S.C. 296 (2001)(courtlistener.com)
- S.C. Code Title 56, Chapter 5 (56-5-750 Failure to stop for law enforcement vehicle; 56-5-1030 Interference with traffic-control devices; 56-5-1210 Hit and run; 56-5-2780 Passing a stopped school bus; 56-5-2910 Reckless vehicular homicide; 56-5-2945 Felony driving under the influence)(scstatehouse.gov).gov
- S.C. Code Title 50, Chapter 21 (50-21-113 Boating under the influence; 50-21-115 Reckless homicide by operation of a boat; 50-21-130 Duties of vessel operator involved in collision)(scstatehouse.gov).gov
- S. 52 (2025-2026 session), Driving under the influence, bill text and history(scstatehouse.gov).gov
- S.C. Code Title 24, Chapter 13 (24-13-100 No parole offense; 24-13-150 Early release)(scstatehouse.gov).gov
- S.C. Code Title 24, Chapter 21 (24-21-410 Probation)(scstatehouse.gov).gov
- S.C. Code Title 17, Chapter 25 (17-25-45 Most serious and serious offenses)(scstatehouse.gov).gov
- S.C. Code Title 56, Chapter 1 (56-1-1105 Driving while license cancelled, suspended or revoked)(scstatehouse.gov).gov
- S.C. Code Title 50, Chapter 1 (50-1-85 Use of firearms or archery tackle in criminally negligent manner)(scstatehouse.gov).gov
- S.C. Code Title 43, Chapter 35 (43-35-85 Abuse or neglect of a vulnerable adult)(scstatehouse.gov).gov
- 18 U.S.C. 1112, Manslaughter(govinfo.gov).gov
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