Capital punishment in South Carolina


Capital punishment is a legal penalty in the U.S. state of South Carolina. It has executed 43 people since 1976.

Legal process

When the prosecution seeks the death penalty, sentence is not passed by the judge. The sentence is decided by the jury and must be unanimous.
In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death.
The governor has the power of clemency with respect to death sentences.
The method of execution is lethal injection, unless the condemned requests to be electrocuted. Electrocution is also authorized in the event that lethal injection is found unconstitutional by a court.
In February 2019, South Carolina's Senate voted 26-13 in favor of a revived proposal to bring back the electric chair and add firing squads to its execution options.

Capital crimes

Murder can be punished by death if the crime involved certain aggravating factors, as listed under Section 16-3-655, Title 16, Chapter 3, Section 655, of the South Carolina Code of Laws. South Carolina provides for the death penalty for criminal sexual conduct with a minor if the offender was a repeat offender having previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree criminal sexual conduct with a minor who is less than eleven years of age had it been committed in South Carolina