(A) For purposes of this section:

(1) "Domestic violence shelter" means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In South Carolina Code 16-25-125

  • Conviction: A judgement of guilt against a criminal defendant.
  • Household member: means :

    (a) a spouse;

    (b) a former spouse;

    (c) persons who have a child in common; or

    (d) a male and female who are cohabiting or formerly have cohabited. See South Carolina Code 16-25-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) "Grounds" means the real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter’s administrative offices are located, whether fenced or unfenced.

(3) "Household member" means a household member as defined in § 16-25-10.

(B) It is unlawful for a person who has been charged with or convicted of a violation of § 16-25-20 or § 16-25-65, who is subject to an order of protection issued pursuant to Chapter 4 of Title 20, or who is subject to a restraining order issued pursuant to Article 17, Chapter 3 of Title 16, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person’s household member resides or the domestic violence shelter’s administrative offices.

(C) The domestic violence shelter must post signs at conspicuous places on the grounds of the domestic violence shelter and the domestic violence shelter’s administrative offices which, at a minimum, read substantially as follows:

"NO TRESPASSING

VIOLATORS WILL BE SUBJECT TO CRIMINAL PENALTIES".

(D) This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence shelter or the domestic violence shelter’s administrative offices.

(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.