South Carolina Castle Doctrine and Stand Your Ground Laws

Castle Doctrine & Stand Your Ground Laws in South Carolina

South Carolina enacted the "Protection of Persons and Property Act" (S.C. Code § 16-11-410 through § 16-11-450), effective June 9, 2006, which codifies the Castle Doctrine and establishes Stand Your Ground protections.

Legislative Intent (§ 16-11-420)

The General Assembly declared the following findings and intent:

• The law codifies the common law Castle Doctrine, recognizing that a person's home is their castle, and extends the doctrine to include occupied vehicles and the person's place of business.
• Law-abiding citizens have the right to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action.
• The South Carolina Constitution (Section 20, Article I) guarantees the right of the people to bear arms.
• Persons residing in or visiting South Carolina have a right to remain unmolested and safe within their homes, businesses, and vehicles.
• No person or victim of crime should be required to surrender personal safety to a criminal, nor should they be required to needlessly retreat in the face of intrusion or attack.

Key Definitions (§ 16-11-430)

• "Dwelling" — A building or conveyance of any kind, including an attached porch, whether temporary or permanent, mobile or immobile, which has a roof over it (including a tent), and is designed to be occupied by people lodging there at night.
• "Great bodily injury" — Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
• "Residence" — A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
• "Vehicle" — A conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Presumption of Reasonable Fear — Castle Doctrine (§ 16-11-440)

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 if:

1. The person against whom deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle; or is removing or attempting to remove another person against their will from the dwelling, residence, or occupied vehicle; and
2. The person using deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

Exceptions to the Presumption (§ 16-11-440(B))

The presumption does not apply if:

1. The person against whom deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle (including an owner, lessee, or titleholder);
2. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom deadly force is used;
3. The person who uses deadly force is engaged in unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity;
4. The person against whom deadly force is used is a law enforcement officer entering or attempting to enter in the performance of official duties, who identifies themselves in accordance with applicable law, or the person using force knows or reasonably should have known the person is a law enforcement officer.

Additional Presumptions (§ 16-11-440(D)–(E))

• A person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in § 16-1-60.
• A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act, regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle.

Stand Your Ground (§ 16-11-440(C))

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, but not limited to, 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
• Prevent the commission of a violent crime as defined in § 16-1-60.

Immunity from Prosecution and Civil Action (§ 16-11-450)

• A person who uses deadly force as permitted by the Protection of Persons and Property Act or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of official duties who properly identifies themselves.
• A law enforcement agency may use standard procedures for investigating the use of deadly force, but may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.
• If a court finds that the defendant is immune from prosecution, the court shall award the defendant:
  • Reasonable attorneys' fees
  • Court costs
  • Compensation for loss of income
  • All expenses incurred in defense of the civil action

Summary of Key Protections