Sex Offender Registry Classifications, Explained
In South Carolina, offenders may be forced to register as sex offenders if convicted of a sex crime. Sex offenders are required to register their information with the local sheriff on a biannual basis (or potentially more frequently if the offender was convicted of a particularly violent crime).
A sex offender’s information is made available in a public database and includes a person’s:
- Name
- Address
- Photograph
- Physical description
- Vehicle description
As you can imagine, registering as a sex offender can have a drastic impact on your life and even threaten your personal safety. Not only can they be deprived of certain civil liberties (such as voting rights, owning or using a firearm, and the ability to travel out of state), but many sex offenders struggle to find and retain employment. Registered sex offenders may also be ineligible to attend a university, receive financial aid, or secure safe and affordable housing.
South Carolina’s New Sex Offender Registry Laws
Since the “Adam Walsh Child Protection and Safety Act”was passed in 2006, federal law requires all U.S. states to classify sex offenders in a tiered registry system. This allows offenders to be categorized according to their perceived threat level (based on the severity of the crime committed) and enforces penalties accordingly.
South Carolina Supreme Court’s Ruling in Powell v. Keel
In 2021, the South Carolina Supreme Court’s decision in Powell v. Keel established that South Carolina’s lifetime registration requirement for sex offenders was unconstitutional on the grounds that it did not “offer the opportunity for judicial review to assess the risk of re-offending.”
Prior to the ruling, South Carolina was known for having the strictest sex offender registry laws in the nation, as offenders were required to register for life without any opportunities for removal.
The Supreme Court’s ruling resulted in two key changes to South Carolina law:
- The addition of a mechanism for sex offenders in South Carolina to seek removal from the registry; and
- The prohibition of disseminating sex offender registry information on the internet to the public.
On May 23, 2022, Governor Henry D. McMaster signed former House Bill 4075 into law to comply with the 2021 ruling in Powell v. Keel. The new Act permits registered sex offenders to seek removal from the registry based on the applicant’s state tier.
Today, the state enforces a three-tiered registry system to classify sex offenders, with Tier III being the most severe and Tier I being the least severe. The requirements to seek removal are dependent on the offender’s assigned tier:
Adult Tier I Offenders
According to state law, Tier I offenders are convicted of certain offenses, including (but not limited to):
- Criminal sexual conduct in the third degree
- Kidnapping a person 18 years or older
- Incest
- Buggery
- Peeping, voyeurism, or aggravated voyeurism
- Sexual intercourse with a patient or trainee
Tier I sex offenders are permitted to apply for removal no less than 15 years after registration.
Adult Tier II Offenders
Tier II sex offenders in South Carolina are convicted of certain offenses, including (but not limited to):
- Criminal sexual conduct in the second degree
- Engaging a child in sexual performance
- Producing, directing, or promoting sexual performance by a child
- Human trafficking
- Criminal sexual conduct with minors in the second degree
- Criminal sexual conduct with minors in the third degree
- Online solicitation of a minor
Tier II sex offenders are permitted to apply for removal no less than 25 years after registration.
Adult Tier III Offenders
South Carolina classifies Tier III sex offenders based on certain offenses, including (but not limited to):
- Criminal sexual conduct in the first degree
- Criminal sexual conduct with minors in the first degree
- Criminal sexual conduct: assaults with intent to commit
- Kidnapping of a person under 18 years of age
- Criminal sexual conduct when the victim is a spouse
- Sexual battery of a spouse
Tier III sex offenders are permitted to apply for removal no less than 30 years after registration.
Juvenile Offenders
South Carolina’s updated sex offender registry laws include regulations for juvenile offenders as well. According to state law, juvenile offenders can be classified into two tiers (with Tier II being the most severe):
- Juvenile Tier I: Tier I juvenile offenders can apply for removal after having been registered for at least 15 years.
- Juvenile Tier II: Tier II juvenile offenders can apply for removal after having been registered for at least 25 years.
How Sex Offenders Can Apply for Removal in SC
After serving the allotted number of years required for their specific tier, a sex offender can apply for removal.
This can only be achieved by filing a paper application through the South Carolina Law Enforcement Department (SLED) website and mailing it to the following address:
Application for Sex Offender Registry Removal
SLED SOR Unit
P.O. Box 21398
Columbia, SC 29221
The application should include:
- Completed SLED application
- Two sets of fingerprints
- Non-refundable $250 filing fee (personal checks will not be accepted)
- All sentencing sheets and/or other disposition documents for all convictions that required sex offender registration
- Proof that the applicant successfully completed all required sex offender treatment programs (official documentation should come from a treatment provider, counselor, or physician)
After submission, SLED will review the application. If the request for termination is approved, SLED will remove the applicant’s name from the registry and notify them within 120 days.
Otherwise, the applicant can expect a notification that their request for removal was denied. If this occurs, the applicant may petition again no sooner than 5 years after their application was denied.
Choose a Firm with a Proven Track Record of Results
A sex crime conviction can inflict lasting harm on your life, relationships, and financial security. If you’ve been charged with a crime in South Carolina, it’s imperative to seek experienced legal representation you can count on.
Since 2004, our skilled criminal defense attorneys have assisted hundreds of clients with a wide range of criminal charges. Facing penalties for a crime can be scary and overwhelming, especially if there’s jail or prison time on the table. Fortunately, our hardworking team can help you navigate the complexities of criminal proceedings and determine the best legal strategy to employ in your defense.
A criminal case can be long and tedious. It’s important to have the right legal team in your corner to give yourself a fighting chance in court. You can rely on the Law Office of James R. Snell, Jr., LLC to aggressively defend your rights while guiding your legal steps with wisdom and compassion.
Were you charged with a sex crime in South Carolina that is still pending? Take action now to secure the defense you deserve. Call our firm at (803) 359-3301 today to schedule a free consultation. Free consultations are for those with pending charges and are provided in our downtown Lexington, office.
Already convicted, and have questions about registry removal? We offer fee-based consultations either by telephone or in-office.