South Carolina § 24-13-470 Throwing of body fluids on correctional facility employees and others; penalty; blood borne disease testing.

South Carolina Statutes

§ 24-13-470 — Throwing of body fluids on correctional facility employees and others; penalty; blood borne disease testing.

South Carolina § 24-13-470

Title 24CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS

Ch. 13PRISONERS GENERALLY

This text of South Carolina § 24-13-470 (Throwing of body fluids on correctional facility employees and others; penalty; blood borne disease testing.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 24-13-470 (2026).

Text

(A)An inmate, a detainee, a person taken into custody, or a person under arrest, who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state correctional facility or local detention facility, a state or local law enforcement officer, a visitor of a state correctional facility or local detention facility, or any other person authorized to be present in a state correctional facility or local detention facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious

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(A) An inmate, a detainee, a person taken into custody, or a person under arrest, who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state correctional facility or local detention facility, a state or local law enforcement officer, a visitor of a state correctional facility or local detention facility, or any other person authorized to be present in a state correctional facility or local detention facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids. (B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime. (C) This section does not apply to a person who is a "patient" as defined in Section 44-23-10.

Legislative History

HISTORY: 1997 Act No. 136, SECTION 6; 2002 Act No. 238, SECTION 1; 2003 Act No. 18, SECTION 1; 2010 Act No. 237, SECTION 82, eff June 11, 2010. Code Commissioner's Note At the direction of the Code Commissioner, in (C), the incorrect item reference in Section 44-23-10 was removed. Effect of Amendment The 2010 amendment rewrote subsection (A) and deleted subsection (D) relating to the definition of "local correctional facility". ARTICLE 7 Work Release Program