Which South Carolina convictions did the AG identify as comparable to federal Tier III sex offender offenses?

Plain-English summary

South Carolina's law enforcement division asked which state offenses corresponded to the federal Sex Offender Registration and Notification Act's Tier III categories. The Attorney General provided a best-effort list in 2008. He organized state crimes under federal categories for aggravated sexual abuse, sexual abuse, abusive sexual contact with a young minor, kidnapping a minor by a nonparent or nonguardian, and an offense after Tier II status.

The opinion did not claim to settle every comparison. It called the matching exercise difficult and invited SLED to identify omitted statutes for further review. The reproduced opinion text contains the detailed offense and section list; its age and the AG's express caution make it unsuitable as a current classification table.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG give SLED an official list to use in its Tier III review? A: He supplied a best-effort list of state offenses he considered similar to the listed federal categories and asked SLED to raise any possible omissions.

Q: Did the opinion include kidnapping of a minor?
A: Yes. It listed kidnapping of a minor while preserving the federal exception for a parent or guardian.

Q: Was the list described as exhaustive?
A: No. The AG called it his best effort in a difficult comparison and offered to review statutes SLED believed were left out.

Background and statutory framework

SLED sought to align South Carolina's registry classifications with the federal tier scheme. The request quoted the federal Tier III definition, which depended on sentence length and the nature of the offense or later status. The AG then mapped a number of state criminal offenses to the federal categories, with separate treatment for a later offense after Tier II status.

Citations and references

State offense example: § 16-3-910. The original opinion text below contains the complete list the AG provided.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-30-2008-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/stackhouse-c-os-8608-5-30-08-federal-sex-offender-registration-notification-act.pdf

Original opinion text

May 30, 2008

Major Carlotta C. Stackhouse
South Carolina Law Enforcement Division
CJIS/Regulatory Services
P. O. Box 21398
Columbia, South Carolina 29221-1398
Dear Major Stackhouse:
In a letter to this office you referenced that SLED is working to become compliant with the Federal Sex Offender Registration and Notification Act (SORNA). One of the requirements of SORNA is the classification of certain sex offenders into Tier categories. More specifically, the SLED SOR section has requested assistance on the classification of Tier 3 offenders. Tier 3 offenders are defined by SORNA as: a sex offender whose offense is punishable by imprisonment for more than one year and (A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense: (i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of Title 18); or (ii) abusive sexual contact (as described in section 2244 of Title 18) against a minor who has not attained the age of 13 years; (B) involves kidnapping of a minor (unless committed by a parent or guardian); or (C) occurs after the offender becomes a tier II sex offender. You stated that in order to operate a state-wide sex offender registry for this State, a comprehensive list of applicable Tier 3 offenses for South Carolina needs to be identified. You have asked that this office advise SLED of the offenses that would be categorized as Tier 3 offenses according to State law.

Major Stackhouse
Page 2
May 30, 2008
I have reviewed State law in an attempt to identify those South Carolina offenses that are comparable to Tier 3 offenses as set forth above. Below is a list of those offenses. Please be advised that this is my best effort of a difficult process of identifying South Carolina offenses that are similar to the referenced federal offenses. If upon review you have any particular questions, please do not hesitate to contact me. Also, if you notice any statutes left out and believe that such should be included, please contact me and I will review such. The offenses I have determined are similar to the referenced federal offenses are set forth as follows: A.

Section 2241: Aggravated sexual abuse:
CSC 1ST - §16-3-652(1)(a)(b) and (c)
CSC 2nd - §16-3-653(1)
CSC 3rd - §16-3-654(1)(a)
(1)(b)
CSC w/minor 2nd - §16-3-655(B)(1) (when between 12 and 14 yrs. of age)
§16-3-655(B)(2) (when between 14 and 15 yrs. of age)
Assault with intent to commit CSC - §16-3-656:
CSC 1st §16-3-652(1)(a)(b) and (c)
CSC2nd §16-3-653(1)
CSC3rd §16-3-654(1)(a)(b)
CSC w/minor 2nd §16-3-655(B)(1)(when betw. 12-14 yrs.)
§16-3-655(B)(2)(when betw.14-15 yrs.)
Administering drug - § 44-53-370(f)(2)(3)(4)(5)(7)
Section 2242: Sexual abuse:
CSC 1st - § 16-3-652(1)(c)
CSC 2nd - § 16-3-653(1)
CSC 3rd - § 16-3-654(1)(a) and (b)
Assault with intent to commit CSC - § 16-3-656:
CSC 1st - § 16-3-652(1)(c)
CSC 2nd - § 16-3-653(1)
CSC 3rd - § 16-3-654(1)(a) and (b)
Section 2244: Abusive sexual contact against a minor who has not attained the age of 13 years:

Major Stackhouse
Page 3
May 30, 2008
CSC w/minor 1st- § 16-3-655(A)(1) - less than 11 years of age CSC w/minor 2nd - § 16-3-655 (B)(1) - 11-12 years of age Assault with intent to commit CSC w/minor - § 16-3-656: CSC w/minor 1st- § 16-3-655(A)(1) - less than 11 yrs. of age CSC w/minor 2nd - § 16-3-655 (B)(1) - 11-12 years of age B.

Kidnapping of minor:
Kidnapping of minor - § 16-3-910 (unless committed by parent or guardian)

C.

Sexual offender whose punishment is more than 1 year and occurs after becomes a Tier II sexual offender:

Tier II sex offender means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and A. is comparable to or more severe than the following offenses when, committed against a minor (or attempt or conspiracy to commit such against a minor) (i) sex trafficking - §1591 - not applicable (ii) coercion and enticement - §2422(b) - not applicable (iii) transportation w/intent to engage in criminal sexual activity §2423(a) - not applicable (iv) abusive sexual contact - § 2244 CSC w/minor 1st - §16-3-655 (A)(1) less than 11 yrs. of age CSC w/minor 1st - §16-3-655(A)(2) less than 16 yrs. of age CSC w/ minor 2nd - §16-3-655(B)(1) 11-14 yrs. of age CSC w/minor 2nd - §16-3-655(B)(2) 14 less than 16 yrs. of age Assault with intent to commit any of these offenses: § 16-3-656 B. involves (i) use of minor in sexual performance; (ii) solicitation of a minor to practice prostitution; or (iii) production or distribution of child pornography; or Permitting minor to engage in obscene activity - §16-15-335 Participation in the prostitution of a minor - §16-15-425

Major Stackhouse
Page 4
May 30, 2008
Participation in the preparation of obscene material (where a minor involved )- § 16-15-325 Promote prostitution of minor - §16-15-415 Produce/direct/promote sexual performance by a child - §16-3-820 Employment of minor to appear in nude - §16-15-387 Sexual exploitation of minor - §16-15-395 (1st degree)
§16-15-405 (2nd degree)
§16-15-410 (3rd degree)
Criminal solicitation of minor - §16-15-342
Engage child in sexual performance - §16-3-810
C. Occurs after becomes a Tier I sex offender:
means a sex offender other than a Tier II or Tier III sex offender The term “sex offender” is defined by the applicable federal law as “an individual who was convicted of a sex offense.” It appears that any State sex offense provision would meet that qualification. Again, after reviewing such, if there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General