Murder in South Carolina constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of

South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

. The United States

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...

reported that in the year 2020, the state had the sixth highest murder rate in the country.

Felony murder rule

In the state of

, the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

felony murder rule The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in so ...

is treated as an automatic aggravator for underlying felonies. It is codified in SC Code § 16-3-20 but it is largely the creation of the state judiciary. There are six underlying predicate felonies, five of which are traditional predicate felonies such as kidnapping, larceny, robbery, burglary and rape, as well as one nontraditional predicate felony, drug trafficking.Francis, Traci Rose, "Availability Of The Felony-murder Rule Today: Equitable And Just Or Unfair And Excessive?" (2005). Electronic Theses and Dissertations, 2004-2019. 444. https://stars.library.ucf.edu/etd/444/. South Carolina is one of the few jurisdictions to require malice as an element for felony murder. The

South Carolina Supreme Court The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.

recommended juries be permitted to infer the malice from some particular felonious purpose.Lowry v. State, 657 S.E.2d 760, 764 (S.C. 2008). Co-felons are held liable in South Carolina for "any homicide that is the 'probable or natural consequence of the acts which were done in pursuance of this common design.'"Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011).

Penalties

References

South Carolina law Criminal law {{criminal-law-stub