{"data":{"id":"us-sc/s.c.-code-ann.-17-25-45","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 17-25-45","heading":"Life sentence for person convicted for certain crimes.","body":"(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:\n(1) one or more prior convictions for:\n(a) a most serious offense; or\n(b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or\n(2) two or more prior convictions for:\n(a) a serious offense; or\n(b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.\n(B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a 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 two or more prior convictions for:\n(1) a serious offense;\n(2) a most serious offense;\n(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or\n(4) any combination of the offenses listed in items (1), (2), and (3) above.\n(C) As used in this section:\n(1) \"Most serious offense\" means:\n16-1-40\tAccessory, for any offense enumerated in this item\n16-1-80\tAttempt, for any offense enumerated in this item\n16-3-10\tMurder\n16-3-29\tAttempted Murder\n16-3-50\tVoluntary manslaughter\n16-3-85(A)(1)\tHomicide by child abuse\n16-3-85(A)(2)\tAiding and abetting homicide by child abuse\n16-3-210\tLynching, First degree\n16-3-210(B)\tAssault and battery by mob, First degree\n16-3-620\tAssault and battery with intent to kill\n16-3-652\tCriminal sexual conduct, First degree\n16-3-653\tCriminal sexual conduct, Second degree\n16-3-655\tCriminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)\n16-3-656\tAssault with intent to commit criminal sexual conduct, First and Second degree\n16-3-910\tKidnapping\n16-3-920\tConspiracy to commit kidnapping\n16-3-1075\tCarjacking\n16-3-2020\tTrafficking in persons\n16-11-110(A)\tArson, First degree\n16-11-311\tBurglary, First degree\n16-11-330(A)\tArmed robbery\n16-11-330(B)\tAttempted armed robbery\n16-11-540\tDamaging or destroying building, vehicle, or other property by means of explosive incendiary, death results\n24-13-450\tTaking of a hostage by an inmate\n25-7-30\tGiving information respecting national or state defense to foreign contacts during war\n25-7-40\tGathering information for an enemy\n43-35-85(F)\tAbuse or neglect of a vulnerable adult resulting in death\n55-1-30(3)\tUnlawful removing or damaging of airport facility or equipment when death results\n56-5-1030(B)(3)\tInterference with traffic-control devices or railroad signs or signals prohibited when death results from violation\n58-17-4090\tObstruction of railroad, death results.\n(2) \"Serious offense\" means:\n(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);\n(b) those felonies enumerated as follows:\n16-3-220\tLynching, Second degree\n16-3-210(C)\tAssault and battery by mob, Second degree\n16-3-600(B)\tAssault and battery of a high and aggravated nature\n16-3-810\tEngaging child for sexual performance\n16-9-220\tAcceptance of bribes by officers\n16-9-290\tAccepting bribes for purpose of procuring public office\n16-11-110(B)\tArson, Second degree\n16-11-312(B)\tBurglary, Second degree\n16-11-380(B)\tTheft of a person using an automated teller machine\n16-13-210(1)\tEmbezzlement of public funds\n16-13-230(B)(3)\tBreach of trust with fraudulent intent\n16-13-240(1)\tObtaining signature or property by false pretenses\n16-25-20(B)\tDomestic violence, First degree\n16-25-65\tDomestic violence of a high and aggravated nature\n38-55-540(3)\tInsurance fraud\n44-53-370(e)\tTrafficking in controlled substances\n44-53-375(C)\tTrafficking in ice, crank, or crack cocaine\n44-53-445(B)(1)\u0026(2)\tDistribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school\n56-5-2945\tCausing death by operating vehicle while under influence of drugs or alcohol; and\n(c) the offenses enumerated below:\n16-1-40\tAccessory before the fact for any of the offenses listed in subitems (a) and (b)\n16-1-80\tAttempt to commit any of the offenses listed in subitems (a) and (b)\n43-35-85(E)\tAbuse or neglect of a vulnerable adult resulting in great bodily injury.\n(3) \"Conviction\" means any conviction, guilty plea, or plea of nolo contendere.\n(D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.\n(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:\n(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and\n(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and\n(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or\n(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or\n(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or\n(d) the person can produce evidence comprising the most extraordinary circumstances.\n(F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section.\n(G) The decision to invoke sentencing under this section is in the discretion of the solicitor.\n(H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial.","path":["Title 17 - CRIMINAL PROCEDURES","CHAPTER 25 Judgment and Execution","ARTICLE 1 Conviction and Sentence"],"source_url":"https://www.scstatehouse.gov/code/t17c025.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T06:46:39Z","sha256":"7b047168255562f230ef955a65fc87252af7f6a4b5ef0d72026ed5879b3065d4","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-17-25-30","next":"us-sc/s.c.-code-ann.-17-25-50"},"notice":"GroundRules: Original legal text. Not legal advice."}