(1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results;
Terms Used In South Carolina Code 16-25-65
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Conviction: A judgement of guilt against a criminal defendant.
- Deadly weapon: means any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force. See South Carolina Code 16-25-10
- Felony: A crime carrying a penalty of more than a year in prison.
- Great bodily injury: means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. See South Carolina Code 16-25-10
- 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
- Protection order: means any order of protection, restraining order, condition of bond, or any other similar order issued in this State or another state or foreign jurisdiction for the purpose of protecting a household member. See South Carolina Code 16-25-10
(2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or
(3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years.
(C) The provisions of subsection (A) create a statutory offense of domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
(D) Circumstances manifesting extreme indifference to the value of human life include, but are not limited to, the following:
(1) using a deadly weapon;
(2) knowingly and intentionally impeding the normal breathing or circulation of the blood of a household member by applying pressure to the throat or neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time;
(3) committing the offense in the presence of a minor;
(4) committing the offense against a person he knew, or should have known, to be pregnant;
(5) committing the offense during the commission of a robbery, burglary, kidnapping, or theft; or
(6) using physical force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.