§ 44-48-30 — Definitions.

For purposes of this chapter: (1) "Sexually violent predator" means a person who: (a) has been convicted of a sexually violent offense; and (b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. (2) "Sexually violent offense" means: (a) criminal sexual conduct in the first degree, as provided in Section 16-3-652; (b) criminal sexual conduct in the second degree, as provided in Section 16-3-653; (c) criminal sexual conduct in the third degree, as provided in Section 16-3-654; (d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A); (e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B); (f) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C); (g) engaging a child for a sexual performance, as provided in Section 16-3-810; (h) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820; (i) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656; (j) incest, as provided in Section 16-15-20; (k) buggery, as provided in Section 16-15-120; (l) violations of Article 3, Chapter 15, Title 16 involving a minor when the violations are felonies; (m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40; (n) attempt to commit an offense enumerated in this item as provided by Section 16-1-80; (o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense; or (p) criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was to: (i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or (ii) perform a sexual activity in the presence of the person solicited. (3) "Mental abnormality" means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses. (4) "Sexually motivated" means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification. (5) "Agency with jurisdiction" means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Office of Mental Health. (6) "Convicted of a sexually violent offense" means a person has: (a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense; (b) been adjudicated delinquent as a result of the commission of a sexually violent offense; (c) been charged but determined to be incompetent to stand trial for a sexually violent offense; (d) been found not guilty by reason of insanity of a sexually violent offense; or (e) been found guilty but mentally ill of a sexually violent offense. (7) "Court" means the court of common pleas. (8) "Total confinement" means incarceration in a secure state or local correctional facility and does not mean any type of community supervision. (9) "Likely to engage in acts of sexual violence" means that a person is predisposed to engage in acts of sexual violence and more probably than not will engage in acts of sexual violence to such a degree as to pose a menace to the health and safety of others. (10) "Person" means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age. (11) "Victim" means an individual registered with the agency of jurisdiction as a victim or as an intervenor. (12) "Intervenor" means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime. (13) "Qualified evaluator" means an individual who has education, training, and experience in sex offender evaluations and who is: (a) a licensed psychiatrist or psychologist; or (b) a trainee of the Office of Mental Health Fellowship Program who is working under the supervision and license of a Office of Mental Health psychiatrist or psychologist and who is approved for exemption by the Office of Mental Health Fellowship Program. (14) "Resident" means a person who has been committed as a sexually violent predator for the purposes of long-term control, care, and treatment.

Legislative History

HISTORY: 1998 Act No. 321, SECTION 1; 2004 Act No. 176, SECTION 1, eff February 18, 2004; 2004 Act No. 208, SECTION 15, eff April 26, 2004; 2012 Act No. 255, SECTION 11, eff June 18, 2012; 2023 Act No. 19 (S.146), SECTIONS 1, 2, eff May 16, 2023. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2023 Act No. 19, SECTION 1, added (13) and (14). 2023 Act No. 19, SECTION 2, in (9), substituted "that a person is predisposed to engage in acts of sexual violence and more probably than not will engage in acts of sexual violence to" for "the person's propensity to commit acts of sexual violence is of".