South Carolina

Lower Age: None specified

Upper Age: 16


Discretionary Waiver CLSC Sec. 20-7-7605

The case of a child who meets age/offense criteria may be transferred to the appropriate adult criminal court if the family court "considers it contrary to the best interest of the child or of the public to retain jurisdiction." [Note—In the case of 16-year-olds coming within the discretionary waiver provision, the law does not specify that the court's decision should be made "after full investigation and hearing," as it does for 14- and 15-year-olds; it says only "after full investigation."] In addition, at the request of the petitioner, a child of any age accused of murder or criminal sexual conduct may be transferred to adult court at the discretion of the family court; if the family court denies the request, the petitioner may appeal immediately to the circuit court, which also is given unfettered discretion to assert jurisdiction or yield it to the family court.


Offense Category Minimum Age Offense Detail

Any Criminal 16 Misdemeanor, Class E or F felony, or felony punishable by maximum of no more than 10 years imprisonment.

Certain Felonies 14 Class A, B, C or D felony, or felony punishable by a maximum of at least 15 years imprisonment.

Murder None specified Murder.

Person None None specified—Criminal sexual conduct.

14—Assault and battery of a high and aggravated nature.

Drug 14 Distributing, selling, purchasing, manufacturing, or unlawfully possessing controlled substances with intent to distribute them on or near school property.

Weapon 14 Carrying weapons on school property; unlawful carrying of a pistol.


Mandatory Waiver CLSC Sec. 20-7-7605

A child of 14 or more accused of an offense carrying at least a 10-year sentence and previously adjudicated/convicted of similar offenses on two or more occasions "shall" be transferred to adult court. For purposes of the adjudication/conviction requirement, the second adjudication/conviction is counted only if commission of the offense occurs after imposition of the sentence for the first offense.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Offense punishable by imprisonment for at least 10 years, if committed by a child with at least 2 previous adjudications or convictions for similar offenses.


Statutory Exclusion CLSC Sec. 20-7-6605

As a result of the definition of "child" for purposes of family court jurisdiction, the cases of 16-year-olds charged with a range of felony offenses, together with any "additional or accompanying charges associated" with them, are excluded. (Note, however, that such excluded cases "may be remanded to the family court for disposition of the charge at the discretion of the solicitor"; see Reverse Waiver.)


Offense Category Minimum Age Offense Detail

Certain Felonies 16 Class A, B, C, or D felony, or felony punishable by a maximum of at least 15 years imprisonment.


Reverse Waiver CLSC Sec. 20-7-6605 Sec. 20-7-7605(3)

When an action is brought in a circuit court that, in the court's opinion, falls within the family court's jurisdiction, the circuit court may transfer the action on its own motion or that of any party. In addition, statutorily excluded cases "may be remanded to the family court for disposition of the charge at the discretion of the solicitor," apparently without any hearing. (Accordingly, this is in some respects the functional equivalent of a direct file statute.)