Sex Offender Registration in South Carolina: Understanding Your Obligations

The South Carolina sex offender registry is an often-overlooked part of a criminal case against someone accused of a sex offense. Certain offenders need to register, and there are punishments for failing to do so or for delaying in updating their personal information. Contact William G. Yarborough, Attorney at Law, for help or if you have questions for a Greenville sex crimes lawyer. Our firm can defend anyone accused of a serious crime. Avoiding the registry in the first place is the best option, but we can also defend anyone accused of failing to fulfill their registration obligations.

Criminal Offenses Requiring Registration with the South Carolina Sex Offender Registry

Anyone convicted of an offense outlined in South Carolina Annotated Code § 23-3-430 must register. The qualifying offenses cover both violent and non-violent offenses, which South Carolina lists according to tiers. The tier is important, as it will determine your registration obligations as a sex offender.

Tier I offenses include:

• Incest
• Buggery
• Voyeurism or aggravated voyeurism
• Third-degree criminal sexual conduct
• Indecent exposure
• Sexual intercourse with a trainee or a patient
• Other offenses

Tier II offenses include:

• Second-degree criminal sexual contact
• Involvement in the sexual performance of a child
• Trafficking
• Second-degree criminal sexual conduct with a minor
• Third-degree criminal sexual conduct with a minor
• Solicitation of a minor
• Other violations involving minors

Tier III offenses include:

• Kidnapping someone under 18
• Criminal sexual conduct with assault
• First-degree criminal sexual conduct
• First-degree criminal sexual conduct with minors
• Marital sex crimes
• A second criminal sexual offence

A judge may also require registration for good cause if a person is convicted of an offense not listed in any of the above tiers. Your choice of defense attorney can play a huge role in whether you avoid registration.

If you have questions about sex offender laws in South Carolina, reach out to our office for a confidential consultation. We can help you understand your registration obligations. If you are facing charges, we can also analyze whether you will need to register if convicted.

South Carolina Sex Offender Registration Requirements

Offenders must register with the sheriff in every county where they reside, own real estate, are employed, or attend school. For example, you might live in Greenville County, work in Pickens County, and attend part-time classes in Spartanburg County. You must register for all three.

A Tier III offender must register every 90 days. Otherwise, registration is required twice a year with the Sheriff’s Office.

Offenders also need to register whenever they move, even if they move within the county. Send your updated address to the Sheriff within three business days after you establish a new residence. You also get three business days to register after buying real property, enrolling in school, or starting work in a county.

Out-of-State Residents

If you move and live in South Carolina for at least 30 days in a year, then the law considers you a resident. You will need to register as a sex offender in the county where you live.

Can You Ever Get Off the South Carolina Sex Offender Registry?

Yes. It is possible for some offenders, depending on the crime they are convicted of and other factors.

• A Tier I offender can request termination after 15 years by sending a written request to the South Carolina Law Enforcement Division.
• A Tier II offender can request termination after 25 years of registration if convicted as an adult.
• A Tier III offender has lifetime registration.

Call a sex crimes lawyer to discuss whether you can request termination. A lawyer’s help can be critical and ensure you submit the request properly.

Penalties for Failure to Register

Registration makes your criminal conviction public. Failure to register also carries penalties.

• A first offense is a misdemeanor, resulting in a maximum $1,000 fine or one year in jail, or both.
• A second offense is a misdemeanor with a mandatory year in jail, which cannot be suspended.
• A third offense for failure to register is a felony and results in mandatory imprisonment for 5 years, of which no more than two years may be suspended or probated.

Ignorance of the law is not an excuse. Anyone who is required to register must know and follow the rules. If you made a mistake, then quickly contact an attorney because this is a hard charge to get out of.

Any criminal offense, even for failure to register, makes it harder to get back on your feet.

Fight Back Against Sex Crimes Charges

Sex offenses are some of the hardest cases to win. As a South Carolina sex offender, you face lengthy registration requirements but also a tattered reputation. Finding employment or even a home is challenging since few employers want to hire a sex offender, and landlords aren’t eager to rent to them, either.

The best choice is to hire an experienced lawyer and fight the charges. William G. Yarborough, Attorney at Law, can meet to discuss the circumstances of your arrest. Our firm has defended many people in “hopeless” cases. We know what defense strategies work for anyone facing rape, sexual assault, or charges involving minors.

For example, the police might have lacked probable cause to even search your phone or computer in the first place. We could ask a judge to throw out pornographic images or text messages. Or the evidence is conflicting about whether you committed the offense in question.

Attorney Yarborough can go through the evidence with a fine-tooth comb. Sex offenses are broad, and not every defense works for every case. Sometimes we might argue that your conduct was innocent and did not cross any lines. In other situations, we might argue the alleged victim consented (if consent is a defense).

Contact Our Office for a Private Consultation

Sex offender registration requirements trip up many people each year. Contact William G. Yarborough to schedule a meeting with our firm. We have the legal knowledge you need to meet all your registration obligations. We can also defend anyone accused of a sex crime and seek the most favorable disposition possible given the evidence.