South Carolina Criminal Statute of Limitations Laws

Crime happens. When it does, it is up to prosecutors to file criminal charges. They must begin the prosecution process within a period of time. Most states have a criminal statute of limitations that limits how long prosecutors have to file charges after crimes. These limits vary depending on the type of crime, with misdemeanor charges having shorter time limits than felony charges.

But there is no South Carolina statute of limitations for criminal cases. This means prosecutors can bring charges whenever they have enough evidence for the cause of action. It doesn't matter how much time has passed. Unlike civil actions, like personal injury, motor vehicle accident, medical malpractice, wrongful death, and false imprisonment, South Carolina's laws allow criminal prosecution to happen without a time restriction. A person accused of a crime may face charges when the state gathers enough evidence to move forward.

Here are the basics of South Carolina's criminal statute of limitations laws.

Criminal Statutes of Limitations in South Carolina

As noted above, South Carolina's criminal code does not include statute of limitations laws.

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal and supreme court decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult a South Carolina defense attorney or conduct your own legal research to verify the state laws you are researching.

How Criminal Statutes of Limitations Work

Other states' statutes of limitations vary in length. They do this to balance the interest in accurate criminal trials with the interest in prosecuting the most serious and violent crimes. This is while also not hanging criminal charges over a person's head indefinitely. These laws also aim to ensure that victims, especially those who may have been minors (under 18 years of age) at the time of the offense, can seek justice without delay.

The prosecutorial clock on most statutes of limitations only runs while the alleged criminal remains in the state where the crime happened. If the suspect is out of state or otherwise hiding from law enforcement agencies, the statutory clock will pause and resume running when the accused reenters the state. This is to prevent criminals from avoiding the consequences of serious crimes like murder, domestic violence, and sexual abuse.

South Carolina authorities have no such concern without a criminal statute of limitations.

Research the Law

• South Carolina Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Charged With a Crime in South Carolina? Contact a Defense Attorney

Any criminal charge is a legal issue that you should take seriously. For more articles and resources, visit FindLaw's Criminal Law Basics. If someone has charged you with a crime or you would like legal help with a criminal legal proceeding, you can contact a South Carolina criminal defense attorney.