Self-Defense Laws in South Carolina
Whether South Carolina has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including his place of business, "has no duty to retreat and has the right to stand his ground and meet force with force," including deadly force, if he… S.C. Code § 16-11-440(C) (Protection of Persons and Property Act)
| Stand your ground / duty to retreat | Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including his place of business, "has no duty to retreat and has the right to stand his ground and meet force with force," including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60. |
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| Castle doctrine (defending your home) | A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury when using deadly force against another person who is unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or who is removing or attempting to remove another person against his will from it, if the person using force knows or has reason to believe the unlawful and forcible entry or act is occurring or has occurred. The presumption does not apply if the person against whom force is used has the right to be there or is a lawful resident (such as an owner, lessee, or titleholder); if the person being removed is a child or grandchild of, or otherwise in the lawful custody or guardianship of, the person against whom force is used; if the person using force is engaged in unlawful activity or using the place to further it; or if the person against whom force is used is a law enforcement officer entering in the performance of official duties who identified himself as required or whom the person knew or reasonably should have known was an officer. A person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle (including in violation of an order of protection, restraining order, or bond condition) is presumed to be doing so with the intent to commit an unlawful act involving force. A person who uses deadly force as permitted by the Act is immune from criminal prosecution and civil action for that use of force, unless the person against whom force was used is a law enforcement officer acting in the line of duty who identified himself as an officer; if a court finds a defendant immune in a civil suit, it shall award reasonable attorneys' fees, court costs, compensation for loss of income, and expenses. |
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- Parole Violations in South Carolina
- Violating a Protective Order in South Carolina
- Juveniles Tried as Adults in South Carolina
- The Death Penalty in South Carolina
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FAQ
Is South Carolina a stand your ground state?
Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including his place of business, "has no duty to retreat and has the right to stand his ground and meet force with force," including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
Does South Carolina have a castle doctrine?
A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury when using deadly force against another person who is unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or who is removing or attempting to remove another person against his will from it, if the person using force knows or has reason to believe the unlawful and forcible entry or act is occurring or has occurred. The presumption does not apply if the person against whom force is used has the right to be there or is a lawful resident (such as an owner, lessee, or titleholder); if the person being removed is a child or grandchild of, or otherwise in the lawful custody or guardianship of, the person against whom force is used; if the person using force is engaged in unlawful activity or using the place to further it; or if the person against whom force is used is a law enforcement officer entering in the performance of official duties who identified himself as required or whom the person knew or reasonably should have known was an officer. A person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle (including in violation of an order of protection, restraining order, or bond condition) is presumed to be doing so with the intent to commit an unlawful act involving force. A person who uses deadly force as permitted by the Act is immune from criminal prosecution and civil action for that use of force, unless the person against whom force was used is a law enforcement officer acting in the line of duty who identified himself as an officer; if a court finds a defendant immune in a civil suit, it shall award reasonable attorneys' fees, court costs, compensation for loss of income, and expenses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.