Murder in South Carolina law
Murder in South Carolina law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Carolina.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had the sixth highest murder rate in the country.[1]
Felony murder rule
[edit]In the state of South Carolina, the common law felony murder rule is treated as an automatic aggravator for underlying felonies.[2] It is codified in SC Code § 16-3-20 but it is largely the creation of the state judiciary.[3][2] There are six underlying predicate felonies, five of which are traditional predicate felonies such as kidnapping, larceny, robbery, burglary and rape, as well as one nontraditional predicate felony, drug trafficking.[2] South Carolina is one of the few jurisdictions to require malice as an element for felony murder. The South Carolina Supreme Court recommended juries be permitted to infer the malice from some particular felonious purpose.[4] Co-felons are held liable in South Carolina for "any homicide that is the 'probable or natural consequence of the acts which were done in pursuance of this common design.'"[5]
Penalties
[edit]| Offense | Mandatory sentencing |
|---|---|
| Involuntary manslaughter | Up to 5 years in prison |
| Voluntary manslaughter | 2 to 30 years in prison[6] |
| Homicide by child abuse | 20 years to life in prison |
| Murder |
|
References
[edit]- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ a b c Francis, Traci Rose, "Availability Of The Felony-murder Rule Today: Equitable And Just Or Unfair And Excessive?" (2005). Electronic Theses and Dissertations, 2004-2019. 444. https://stars.library.ucf.edu/etd/444/.
- ^ "2013 South Carolina Code of Laws :: Title 16 - Crimes and Offenses :: CHAPTER 3 - OFFENSES AGAINST THE PERSON :: SECTION 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought". Justia Law. Retrieved February 26, 2021.
- ^ Lowry v. State, 657 S.E.2d 760, 764 (S.C. 2008).
- ^ Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011).
- ^ "Manslaughter (Involuntary/Voluntary)".
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