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South Carolina Code of Regulations
Current through State Register Volume 37, Issue 9, effective September 27, 2013


The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Regulations on the Internet as a service to the public. The unannotated South Carolina Code of Regulations on the General Assembly's website is now current through State Register Volume 37, Issue 9, effective September 27, 2013. The unannotated South Carolina Code of Regulations, consisting only of Regulation text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code of Regulations available on the South Carolina General Assembly's website, the unannotated South Carolina Code of Regulations is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Regulations Annotated and any pertinent acts and joint resolutions contain the official version.

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify the Legislative Services Agency at LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Regulation sections on this website, in which case LSA will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.



(Statutory Authority: 1976 Code Section 16-3-1120(2))

132-1. Legal Fees.

Attorneys fees provided for in Section 16-3-1340 of the Crime Victim's Compensation Act, when awarded, shall be in addition to and separate from the aggregate award to which a claimant is entitled. Such award may not exceed the lesser of 10% of the aggregate amount awarded to and on behalf of claimant or $60 per hour for the time (itemized) reasonably expended in performing legal services for claimant in a legal proceeding under the Act.

132-2. Direct Award.

An award for lost wages shall be paid directly to the victim.

An award for expenditures made shall be paid directly to the person who made the expenditure for or on behalf of the victim.

An award for services or supplies which have not yet been paid for shall be paid directly to the provider.

132-3. Same Household.

The "interest of justice" exception in Section 16-3-1220 is construed to authorize an award otherwise barred by that section, only upon a finding that no person who committed or aided in the commission of the crime giving rise to the claim or a related crime, will benefit, directly or indirectly, from the award.

Such determination shall be separately stated along with the facts which support that determination.

132-4. Age of Consent.

For purposes of the South Carolina Crime Victims' Compensation Act, a victim of criminal sexual conduct, who is between the age of 14 and 16 years, is presumed not to have caused or contributed to his or her injury, if the actor is either a) older than the victim or b) in a position of familial, custodial, or official authority to coerce the victim to submit. (See Section 16-3-655(3)). Such presumption shall apply in any case where the victim is less than 14 years of age.

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