Chapter 5 Criminal Domestic Violence

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 5 Criminal Domestic Violence

In 2015, the South Carolina General Assembly extensively amended the Criminal Domestic Violence Reform Act to provide for the "Domestic Violence Reform Act." Act No. 58, 2015 S.C. Acts 225 (effective June 4, 2015). The new Act provided for example, degrees of domestic violence offenses (S.C. Code Ann. § 16-25-20) and the offense of domestic violence of a high and aggravated nature (S.C. Code Ann. § 16-25-65).

In addition, S.C. Code Ann. § 16-25-30, firearms and ammunitions prohibitions and penalties, addresses prohibitions on persons convicted of violations of the various provisions of the Domestic Violence Reform Act. This Act is not discussed below.

For offenses occurring before June 4, 2015, the existing law at the time the conduct occurred is to be applied.

See also Chapter 2, Assault and Battery.

A. Household member defined; S.C. Code Ann. § 16-25-10(3)

As used in this article, the term:

(3) "Household member" means:

(a) a spouse;
(b) a former spouse;
(c) persons who have a child in common; or
(d) a male and female who are cohabiting or formerly have cohabited.

In Doe v. State, the South Carolina Supreme Court found the definition of "household member" under the Protection from Domestic Abuse Act, S.C. Code Ann. § 20-4-20(b), which uses the identical definition as the Domestic Violence Reform Act, S.C. Code Ann. § 16-25-10(3)(d), unconstitutional as applied to Doe, who had been in a same-sex relationship. Doe v. State, 808 S.E.2d 807, 816 (S.C. 2017). The court declined to invalidate the statutes in their entirety, which would have resulted in "grave consequences for victims of domestic violence." Id. at 817. The court concluded that the family court "may not utilize these statutory provisions to prevent Doe or those in similar same-sex relationships from seeking an Order of Protection." Id.

B. Acts prohibited; S.C. Code Ann. § 16-25-20(A)

S.C. Code Ann. § 16-25-20(A) sets out the base offense underlying the three degrees of domestic violence and Domestic Violence of a High and Aggravated Nature (DVHAN).

(A) It is unlawful to:

(1) cause physical harm or injury to a person's own household member; or
(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

C. Criminal Domestic Violence in the First Degree; S.C. Code Ann. § 16-25-20(B)

(B) Except as otherwise provided in this section, a person commits the offense of domestic violence in the first degree if the person violates the provisions of subsection (A) and:

(1) great bodily injury to the person's own household member results or the act is accomplished by means likely to result in great bodily injury to the person's own household member;
(2) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree;
(3) has two or more prior convictions of domestic violence within ten years of the current offense;
(4) the person uses a firearm in any manner while violating the provisions of subsection (A); or
(5) in the process of committing domestic violence in the second degree one of the following also results:

(a) the offense is committed in the presence of, or while being perceived by, a

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