South Carolina SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (LORNA) is an act that requires registration for individuals convicted of certain sex crimes and the notification of the public about certain sex offenders. The purpose of LORNA is to protect the public by providing information about convicted sex offenders to local law enforcement and the public. LORNA consists of two components: (1) registration of convicted sex offenders, and (2) public notification of the presence of a registered sex offender in a particular area. Under LORNA, convicted sex offenders are required to register with the appropriate state or local law enforcement agency and provide information such as their name, address, and employment status. LORNA also requires that information about registered sex offenders be made available to the public. This includes the names and addresses of registered sex offenders, as well as a photograph, physical description, and criminal history. LORNA in South Carolina consists of three tiers of registration: Tier I, Tier II, and Tier III. Tier I offenders are required to register for fifteen years, Tier II offenders are required to register for twenty-five years, and Tier III offenders are required to register for life. Tier I offenders are those convicted of certain offenses such as indecent exposure, sexual battery, and criminal sexual conduct in the third degree. Tier II offenders are those convicted of more serious offenses such as criminal sexual conduct in the first and second degree. Tier III offenders are those convicted of the most serious offenses such as rape and child molestation.
South Carolina SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA)
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On , 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.
Specifically, Adult Tier I Offenders in South Carolina are required to ?register biannually for life? for all persons who not classified as Tier III offenders pursuant to the federal SORNA or ?every ninety days? for life for all persons ?classified as Tier III pursuant to Title I of the federal Adam Walsh Child
However, pardons act differently for registered sex offenders. A criminal pardon will not lift the sex offender registration requirements (South Carolina Sex Offender Registry). These are typically lifelong registries, and the person may have to continue to register as a sex offender for the rest of their life.
The offender may file a request for termination of the requirement of registration with SLED, in a form and process established by SLED after having been registered for AT LEAST FIFTEEN YEARS if the offender was required to register based on AN ADJUDICATION OF DELINQUENCY?.
A federal judge in California has found a key part of the federal Sex Offender Registration and Notification Act (SORNA) to be unconstitutional. SORNA makes it a federal crime when a sex offender fails to register and then travels outside their state.
The offender may file a request for termination of the requirement of registration with SLED, in a form and process established by SLED after having been registered for AT LEAST FIFTEEN YEARS if the offender was required to register based on AN ADJUDICATION OF DELINQUENCY?.
Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding: "Section 23-3-537. It is unlawful for a person registered as a sex offender pursuant to the provisions of this article to enter or remain in a state park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism.